Kerala High Court: Urges Freedom Fighter Welfare Fund Establishment

• The Kerala High Court directed the Central and State governments to consider creating a special welfare fund for living freedom fighters.
• The court suggested that this fund could also facilitate public contributions for their welfare.
• The directive was issued while disposing of a Public Interest Litigation filed by Sabu Stephen in the case *Sabu Stephen v Union of India & ors*.
• The petitioner highlighted that approximately 60 freedom fighters, all over 90 years old, are currently living in Kerala.
• Of these, 27 receive Central government pensions, and 33 receive pensions under the State government's Kerala Freedom Fighters Pension Scheme.

The Kerala High Court has issued a significant directive to both the Central and State governments, urging them to explore the establishment of a dedicated welfare fund for the nation's surviving freedom fighters.

The Kerala High Court has issued a significant directive to both the Central and State governments, urging them to explore the establishment of a dedicated welfare fund for the nation's surviving freedom fighters. This suggestion, delivered by a Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM, also proposed that such a fund could be structured to accept contributions from the general public, thereby fostering broader community involvement in supporting these revered individuals.

The directive was part of an order passed on Tuesday, which saw the High Court dispose of a public interest litigation (PIL) petition. The case, titled *Sabu Stephen v Union of India & ors*, brought to light the pressing need for enhanced welfare measures and recognition for those who fought for India's independence, particularly in Kerala.

The PIL, filed by Sabu Stephen, sought a range of initiatives aimed at improving the welfare and acknowledging the contributions of freedom fighters within Kerala. Among the specific prayers was a request to honor these veterans prominently during the upcoming 80th Independence Day celebrations, scheduled for August 15. Stephen's petition underscored the urgency of these measures, citing the advanced age and declining health of the remaining freedom fighters.

During the proceedings, Stephen highlighted that approximately 60 freedom fighters are currently alive in Kerala. He further detailed that of this group, 27 individuals are beneficiaries of pensions from the Central government, while the remaining 33 receive their pension under the State government's Kerala Freedom Fighters Pension Scheme. Stephen emphasized that all these individuals are over 90 years old, making it physically challenging for them to participate in public events and underscoring a perceived historical oversight of their sacrifices.

While considering the petition, the High Court initially noted that some of the prayers within the PIL were somewhat vague. The bench also pointed out that none of the freedom fighters themselves were direct parties to the litigation. Despite these observations, the Court proceeded to issue its directive, signaling a recognition of the underlying concerns raised by Stephen regarding the welfare of these national heroes.

This judicial intervention comes against a backdrop where both the Central and State governments already operate pension schemes for freedom fighters. The Court's suggestion for a *special welfare fund* and the inclusion of *public contributions* indicates a potential desire to supplement existing provisions and create a more robust, community-supported safety net for the dwindling number of living freedom fighters.

The Kerala High Court's suggestion marks a significant moment for the welfare of freedom fighters, particularly those residing in Kerala. By urging both the Central and State governments to *consider* a dedicated fund, the court has opened a pathway for potentially new and enhanced support mechanisms. The emphasis on facilitating public contributions also introduces a novel approach to funding, allowing citizens to directly participate in honoring these veterans.

This development could lead to a re-evaluation of current welfare provisions and potentially inspire similar initiatives in other states. As the number of living freedom fighters continues to decline due to advanced age, such proactive judicial guidance underscores the importance of ensuring their remaining years are lived with dignity and adequate support, acknowledging their invaluable role in India's history.

This development signals a potential shift in government policy regarding welfare provisions for freedom fighters in Kerala. Lawyers should monitor the Central and State governments' response to the Kerala HC's suggestion, as it may lead to the establishment of new welfare funds or amendments to existing pension schemes, impacting relevant stakeholders and potentially creating new avenues for public contributions or legal challenges related to social welfare.

Source: Original reporting via Bar & Bench