"We have lost our empathy": Kerala High Court on bank deducting EMI from Wayanad landslide compensation

The Kerala High Court today took a dim view of reports that the Kerala Gramin Bank (a rural regional bank) had deducted loan EMIs from the compensation received in the accounts of survivors of the devasting Wayanad landslides that took place last month [In Re: Prevention and Management of Natural Disasters in Kerala]..A Bench of Justices AK Jayasankaran Nambiar and Syam Kumar VM directed the State's counsel to find out whether such practices are being resorted to by banks."No doubt banks advancing loans can recollect. But when there is money given for a particular purpose to discharge obligations, the bank holds it in trust for beneficiaries. It cannot appropriate it for other uses of the bank. Second, bank has a fundamental duty to show compassion in situations like this. It is a fundamental duty for crying out loud! Please find out whether any such thing has happened like this in the State, Mr. Unnikrishnan. If it is happening, we will intervene," the Court said. Such practices show that people have lost their sense of empathy, the Bench lamented."Ultimately, we are missing out on the humanitarian aspect of the whole thing! In the first week, everyone will cry and in the next week they do things like this," the Court remarked. .The Court also directed the State to ensure that the compensation amounts given to landslide survivors actually reach the intended beneficiaries. "Please ensure that whatever amount is given (as compensation or relief) is actually received. These people can't be expected to come to court," the Court said. .The Court was hearing the suo motu case initiated to monitor relief measures in Wayanad after the July 30 landslides led the deaths of well over 200 people and left more injured or missing. The Court has sought to examine the larger issue of how to prevent such natural disasters in future. Today, it indicated that it would tackle the issue in three phases. As part of the first phase, it would collect inputs on scientific measures to prevent natural disasters and monitor rescue operations in landslide hit areas on a weekly basis. In the second phase, it would dwell on whether the regulatory disaster management authorities at various levels (national, State and district levels), as well as their advisory boards, are properly manned by experts. In this phase, the Court would also examine whether these bodies have made any suggestions that could be placed before the State government for suitable legal amendments. The third phase would be the implementation of such measures to prevent or tackle natural disasters. As part of this phase, the Court said that it would also call for ensuring public consultation before any decision is made that would affect the ecology of an area. "We propose to collect data from people (on the ground, in areas prone to natural disasters)...When it comes to environmental aspects, the people on the ground are the one who are first affected. Policy makers cannot ignore their views. You have to have public consultation at ground level," the Court emphasised today. The Court also urged for attention to be paid to the flood-hit district of Kozhikode, where incessant rains had occurred last month. This district which seems to have escaped notice of the "do-gooders", the Court remarked today while commenting that relief measures should not only be for Wayanad, but was also required for Kozhikode.Panel Counsel TC Krishna represented the Central government today while Government Pleader Unnikrishnan represented the Kerala government.Senior Advocate Ranjith Thampan appeared as amicus curiae. .[Read Order].[Read Live Coverage]