28 July,2023 07:04 AM IST | Mumbai | Vinod Kumar Menon
Rescue operation carried out at Irsalwadi
The situation for Irsalwadi survivors, whose family members are either missing or believed to be under the landslide debris without their bodies being retrieved, presents a challenging predicament. Local tribal activists and practising advocates argue that the government should compensate the next of kin of the fifty-seven individuals (54 residents of Irsalwadi and 4 guests) who are presumed missing and believed to be under the debris, in addition to the twenty-seven confirmed dead whose bodies have been recovered. However, existing law complicates matters, as it stipulates that if a person is not heard of for seven years, the burden of proving their existence shifts to the person making the claim.
Santosh Thakur, founder president of Gram Sanvarhdan Samajik Sanstha, expresses concern for the welfare of the next of kin of both the deceased whose bodies have been recovered and those who are presumed missing. He advocates for equal compensation of Rs 5 lakh to be given to the families of the missing individuals as well.
To address the issue, Thakur proposes that the compensation amount of Rs 5 lakh should be provided in the form of either a fixed deposit receipt or a postal monthly income scheme. "This would ensure a fixed monthly income for the next of kin and prevent potential misuse of the funds by unscrupulous individuals," said Thakur.
Advocate Siddharth Ingle, who also works on tribal upliftment issues, echoes the concerns raised by Thakur and urges the state government to pass a special notification in the assembly to declare the missing people of Irsalwadi as beneficiaries of the government compensation.
Advocate Floyd Gracias, a Supreme Court counsel, highlights the legal complexities in the case. "For presumption of death, as per secs. 107 & 108 of the Evidence Act, the period of seven years ought to lapse before the missing person can be pronounced dead. Therefore, is the administration going to wait for 7 years to make the compensation payout to the families of the victims? If so, how will the families survive till then," he said.
Advocate Floyd added, "Secondly, if the payments are to be made, then questions arise as to who shall be entitled to them. Succession and testamentary proceedings will not be possible until 7 years lapse, and hence there is a possibility that one member may collect the amount, and other legal heirs may be deprived."
"Another question is, will the authorities take some sort of indemnification or undertaking that the person claiming the compensation shall pay all the legal heirs or beneficiaries? It is, therefore, imperative that due diligence be exercised when disbursing the payments to ensure that they do not fall into unscrupulous hands," said advocate Floyd.
Advocate Rajeshwar Panchal, practising in the Bombay High Court, differs in opinion. "The compensation is for the loss caused by the missing persons and doesn't imply a presumption of death. The government should identify the real legal heirs according to the Succession Law to secure the future of those who suffered the loss," said Panchal.
C H Rajput, assistant block development officer, Khalapur, provides details of the incident and the number of people involved. "As per our record, Irsalwadi village had 49 houses in which 43 families were residing and had a population of 219. 27 bodies have been retrieved, 57 individuals are presumed to be missing, and 144 individuals have been accounted for and provided with temporary lodging, boarding, and food," he confirmed.
Ayub Tamboli, Tehsildar Kalhapur, assures that the proposals for compensation have been sent to the state government, and the immediate focus is on rehabilitating the survivors and meeting their basic needs.
219
Total population of Irsalwadi
