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Electricity supply is a legal right, Madras high court says

 In a landmark ruling, the Madras high court has said electricity supply is a legal right and denial of power supply is a violation of human rights.

Justice S Manikumar, directing the Tiruvannamalai district administration and the Tamil Nadu Electricity Board (TNEB) to give electricity supply to more than 180 families of launderers living along Girivalam (circumambulation) path in Tiruvannamalai, on Tuesday said: "Access to electricity should be construed as a human right. Denial of it would amount to violation of human rights."

Noting that electricity has a bearing on education, health and family economy of the poor, Justice Manikumar said: "Lack of electricity supply is one of the determinative factors, affecting education, health and a cause of economy disparity, and consequently, inequality in society leading to poverty. Electricity supply is an aid to get information and knowledge. Children without electricity supply cannot even imagine competing with others."

The launderers had filed a petition saying though they had been living on poromboke land (government land without clear titles) along the holy Girivalam path in Tiruvannamalai for several decades, electricity supply had been denied to them. Their counsel G Pari cited a municipal committee decision to deny them power supply, and said the committee cannot override statutory provisions and electricity supply code.

Concurring with him, Justice Manikumar said: "Lack of electricity denies people equal opportunities in the matter of education and consequently suitable employment, health, sanitation and other socio-economic rights. Right to electricity of a person occupying government land is recognized in the distribution code and it is integral to the achievement of socio-economic rights."

The judge underlined the social duty of authorities and said: "It is the fundamental duty of the authorities to show compassion to those who are living in huts and tenements for long. When socio and economic justice is the mandate of the Constitution, it is a travesty of justice to deny electricity to the petitioners."

Pointing out that there is evidence to prove that they were living in the Girivalam area at least since 2005, Justice Manikumar said: "Though the district administration and municipality have claimed that the petitioners are encroachers, they cannot be expected to live in darkness. Even an occupant of a government poromboke site is entitled to seek a decent living with basic amenities like water, food, shelter and clothing. Electricity is indispensable. It would be inappropriate to contend that the petitioners are not entitled to electricity supply."

He directed the TNEB authorities to provide electricity connections to the families within four weeks.

Article referred: http://timesofindia.indiatimes.com/india/Electricity-supply-is-a-legal-right-Madras-high-court-says/articleshow/23841025.cms

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