Kerala HC asks State to consider ₹50k pension, special welfare fund for living freedom fighters

The Kerala High Court on Tuesday directed the Central and State governments to consider creating a special welfare fund for freedom fighters who are alive [Sabu Stephen v Union of India & ors].

The Court also suggested that the funds could facilitate public contributions for the welfare of such freedom fighters.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM passed the order while disposing of a public interest litigation (PIL) petition filed by one Sabu Stephen.

The plea sought various measures for the welfare and recognition of the freedom fighters in Kerala, including a prayer to honour them on the 80th Independence Day, which will be celebrated on August 15.

During the hearing, Stephen stated that around 60 freedom fighters were presently living in Kerala, of whom 27 were receiving pension from the Central government and 33 were receiving pension under the State government's Kerala Freedom Fighters Pension Scheme.

"All of them are above 90 years of age and they are not in the physical condition to attend any public programs and for the last 79 years we are ignoring them totally. Their contributions we are totally ignored and then next year, nobody knows how many of them will survive," Stephen stated.

The Court remarked that the petition and some of its prayers were vague and that none of the freedom fighters were before the Court.

However, while dictating the order the Court observed that the PIL had been filed with the object of giving recognition to freedom fighters and appreciated the attempt made by the petitioner in espousing the cause.

At the same time, it observed that there was nothing on record to show that the freedom fighters were not receiving due medical assistance.

The Court then proceeded to direct the State government to consider one of the prayers which sought a minimum monthly pension of ₹50,000 under the State scheme and said that the State could prepare a plan and create a portal containing updated data of all living freedom fighters to avail benefits of welfare schemes available to them.

"The prayer for monthly pension under the Kerala Freedom Fighters Pension Scheme, for a minimum amount of ₹50,000 per month, can be considered by the State administration, keeping in mind their contribution in the freedom struggle," the Court said.

It further asked the Central and State governments to consider whether a special welfare fund for freedom fighters could be created.

"A prayer is made for creation of the special welfare fund by the central and state government for the freedom fighters allowing public contributions.... The central government and the state government shall consider creation of a special welfare fund for the freedom fighters considering their contribution and sacrifices made during the freedom struggle," the Court added before disposing of the petition.

Additional standing counsel for the Central Board of Indirect Taxes and Customs (CBIC), NS Daya Sindhu Shree Hari appeared for the union.

[Live coverage]