The Supreme Court on Friday stayed a Madras High Court order that had cancelled the Tamil Nadu government's decision to provide government jobs to eligible family members of those killed in last year's Karur stampede. The top court's intervention offers relief to families of the victims and allows the government to proceed with its policy while the legal challenge is examined. The stampede took place in September last year at a rally organised by Tamilaga Vettri Kazhagam (TVK) and addressed by party chief Vijay. Forty-one people, including children, were killed in the tragedy. At the time, Tamil Nadu was governed by the DMK. The incident prompted scrutiny of crowd management arrangements and the circumstances that led to the gathering becoming dangerously overcrowded.
The police had alleged that Vijay's delayed arrival caused the crowd to swell beyond the permitted capacity. Investigators also pointed to alleged shortcomings involving drinking water, food and toilet facilities at the venue. TVK rejected the allegations, maintaining that the police had failed in their responsibilities and alleging a conspiracy involving former DMK minister Senthil Balaji. Balaji has denied the allegation. The issue before the Supreme Court arose after the Madras High Court on July 27 quashed the Tamil Nadu government's order providing government employment to relatives of those who died in the stampede.
The High Court had held that the decision violated Article 14 of the Constitution, which guarantees equality before the law, and Article 16, which provides for equality of opportunity in public employment. The Supreme Court bench of Justices JB Pardiwala and K Vinod Chandran questioned why the government could not provide employment as a form of assistance to families affected by such a tragedy. The bench observed that if the government had decided to provide financial assistance to families of the deceased, there could also be circumstances in which employment was considered as another form of relief.
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“Stampede happened, people died,” the bench said while questioning the challenge to the government's decision. The judges specifically raised the situation of a family in which the sole earning or working member had died, asking whether the government should not be able to provide employment to the person's son or daughter as a means of support. The Supreme Court issued notice to the Tamil Nadu chief secretary and other respondents while staying the High Court's order. The development means that the government's employment scheme for the affected families can continue for the time being, subject to the outcome of the proceedings before the top court. The dispute has raised broader questions about the limits of compassionate assistance by state governments following mass-casualty incidents.
Government employment is generally subject to constitutional requirements concerning equality and fair opportunity, which was central to the High Court's reasoning. The Supreme Court's observations, however, indicate that the court will examine whether exceptional circumstances arising from a tragedy can justify such assistance to affected families. For the families of the Karur victims, the Supreme Court's intervention provides immediate relief from the uncertainty created by the High Court's ruling. The final legal position will depend on the court's consideration of the government's policy and the constitutional objections raised against it. The case also places renewed focus on the question of how governments should support families who lose their primary earners in major public tragedies.
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