The Kerala High Court has rebuked the Central Government over its failure to order waiver of loans by national public sector Banks of the Wayanad Tragedy Victims and remarked that party politics cannot negate the constitutional guarantee of protection of the fundamental rights of the people in a democratic republic.

The Court was considering a Suo-Moto Petition in the wake of the 2024 landslides in Wayanad. The Court made the observations in its order after noting that additional central assistance was given to the States of Assam and Gujarat for natural calamities.

A Division Bench of Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian observed, "....The federal principle envisaged under the Constitution does not allow for a differential treatment being meted out by the Union Government to citizens in any particular state. Party politics cannot negate the constitutional guarantee of protection of the fundamental rights of the people in a democratic republic. In the instant case, what is at stake is the fundamental right of the landslide victims of Wayanad to a life with dignity. Having lost their lands, and their means of livelihood, in the devastating landslide, they are now being called upon to repay the loans availed by them for agricultural and related purposes when the very property that they had offered as collateral security while availing those loans has ceased to exist. This is nothing short of an affront to their dignity which has been recognised as an aspect of their fundamental right to life under Article 21 of the Constitution..."

The Court has directed that recovery action, if any, initiated by Banks, against the landslide victims in Wayanad shall be kept in abeyance pending final disposal of the Writ Petition.

It called out the Union Government over the lack of intent to exercise its discretion to direct the Banks concerned to waive the repayment of the loan amounts in question, calling it "unfortunate".

Rejecting its submission, the Court pointed out the differential treatment of the Centre for different States in matters of aid for natural disasters.

"As the repository of such vast powers, we would have thought that the Union Government would have considered itself constitutionally obliged to act in a responsible manner to protect the fundamental right to life of the hapless victims of a natural disaster that the Government itself categorised as “Severe” for the purposes of the Disaster Management Act, 2005. This is more so when we find from a news report in the Hindu daily today [8.10.2025] that the Union Government has approved Rs.707 crore in aid, by way of additional central assistance to the States of Assam and Gujarat which were affected by flood and landslides during 2024. The monetary relief sought in the instant proceedings through a loan waiver is merely a fraction of the figures indicated in the news report referred to above. Unfortunately, the submissions hitherto made before us, based on the affidavit referred to above, demonstrate an unwillingness on the part of the Union Executive to come to the aid of the victims of the Wayanad

tragedy", the Court remarked.

By refusing to exercise a power that they have, in a situation that calls for the exercise of that power, the Court noted that the Union Government has "virtually failed the landslide victims of Wayanad".

Cause Title: In Re: Prevention and Management of Natural Disasters in Kerala Central Government Rebuked On Aid For Wayanad Tragedy

Appearances:

Respondents- Advocate General Gopalkrishna Kurup, Special Government Pleaders C.E. Unnikrishnan and V. Manu, Deputy Solicitor General of India O.M. Shalina, Advocate Johnson Manayani, Advocate Benhur Johnson Manayani, Advocate Jeevan Mathew Manayani, Standing Counsel M.P. Sreekrishnan, Standing Counsel Prakash M.P., Advocate Salil Narayana K.A., Advocate V. Ramkumar Nambiar, Advocate S. Krishna, Senior Advocate Renjith Thampan

Click here to read/ download Order













Kerala High CourtJustice AK Jayasankaran NambiarJustice Jobin Sebastian

Sheetal Joon