Madras High Court Upholds Government's Duty to Assist Indians Abroad

Court Asserts the State's Constitutional Role in Protecting Citizens Internationally, Directs Government to Aid Widow in Cameroon Compensation Claim

In a landmark decision, the Madras High Court, Madurai Bench, has pronounced that the Government of India holds a constitutional obligation to support its citizens abroad, particularly in legal matters where individuals are unable to assert their rights due to financial or logistical barriers. The court was adjudicating a writ petition filed by Malarvizhi, a widow seeking compensation following the death of her husband, Ayyappan Marimuthu, while employed in Cameroon.

Presided over by Justice G.R. Swaminathan, the court stressed the importance of the Indian State's role as a welfare state, invoking the doctrine of parens patriae, which positions the government as a protector of its citizens akin to a parental figure. The judgment reiterated the government's duty to ensure the welfare of its citizens, as enshrined in the Constitution of India, even beyond its national boundaries.

The petitioner’s husband was employed by Africa First Matches Industry in Cameroon, where he passed away in October 2021. Despite an initial promise of compensation from the employer, the amount was never disbursed, prompting Malarvizhi to seek judicial intervention. The court found that the Government of India must actively engage with foreign authorities and entities to secure the rights and welfare of its citizens abroad.

The judgment highlighted several constitutional articles, including Articles 14, 21, 38, and 39, which collectively underscore the state’s commitment to social welfare and justice. Justice Swaminathan directed the government to devise a comprehensive policy to assist Indians facing similar predicaments overseas.

This decision aligns with previous rulings by Indian courts, which have consistently emphasized the government's duty to protect and assist its citizens abroad. The court referenced analogous cases, including interventions by Indian missions in Saudi Arabia and Nigeria that successfully facilitated compensation and legal aid for Indian citizens.

The ruling also embraced international conventions and ancient Indian jurisprudence, advocating for a legal framework that draws on global norms and historical principles of governance to address the absence of specific domestic legislation.

In conclusion, the Madras High Court has not only provided immediate relief to the petitioner but also set a precedent for future cases involving Indian citizens in distress abroad. The court’s directive for a proactive governmental approach underscores a significant step towards ensuring that the rights of Indian citizens are protected globally.

Bottom Line:

Welfare State and Constitutional Duty - Government of India has a constitutional obligation to provide legal aid to its citizens not only within the country but also outside, particularly in cases where citizens are unable to assert their rights due to financial or logistical constraints.

Statutory provision(s): Articles 14, 15, 19(1)(g), 21, 38, 39, 39-A, 51(c) of the Constitution of India.

Malarvizhi @ Kottaithai v. Secretary to Government of India, (Madras)(Madurai Bench) : Law Finder Doc Id # 2822601