The Government of India has a duty to provide legal aid to its citizens not only within the territory of the country, but also outside, said the Madurai Bench of the Madras High Court, directing the government to come out with a comprehensive and feasible policy framework in this regard.
Justice GR Swaminathan was hearing a petition filed by A Malarvizhi alias Kottaithai from Virudhunagar district, a widow of Ayyappan Marimuthu, seeking compensation. Marimuthu, an Indian citizen, was employed at an industry in the Republic of Cameroon, Central Africa, and died in October 2021.
The Additional Solicitor General of India, appearing for the Government of India, submitted that consular assistance had already been provided and the High Commission of India in Cameroon had been urged to look into the issue of compensation. Moreover, the company is not functioning, and no one is sure of the company’s status.
The court, considering the rival contentions and based on material records, said that as of now, there is no legislative framework governing the field. There has been a migration of labourers across the continents. Overseas employment is a reality.
As a result, the government is earning huge foreign exchange by way of inward remittances. The nation’s exchequer is a direct beneficiary. When the government receives such benefits from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arises.
From the foregoing premises and judicial precedents, the court inferred that the Government of India has a constitutional duty in the matter. The absence of a legislative framework need not come in the way of arriving at such an inference.
With regard to the case, the court said it may have to take up the matter at the highest echelons of the Government of Cameroon. Pressure may have to be brought on the persons who have stepped into the shoes of the erstwhile employer, and legal notices may have to be issued. If necessary, a formal legal battle may have to be waged, and it is for the Government of India to explore every avenue to secure redress for petitioner, the court said.