The high court granted Mariyakutty the liberty to approach the District Legal Services Authority in case she required any urgent financial assistance.
Mariyakutty Chacko and Annamma Ouseph protesting in Adimali. (Supplied)
Mariyakutty Chacko, the 78-year-old Adimali, Idukki resident who approached the Kerala High Court against the non-payment of welfare pension, said that the state government has humiliated the poor by accusing that her petition was politically motivated.
“I don’t have any personal motives. I am requesting the government to pay everyone who is going through a situation like mine due to the non-availability of the pension,” she told South First over the phone from Adimali on Friday, 22 December.
“The government has humiliated the poor in the state by opposing my petition and terming it politically motivated. The state is home to thousands of impoverished and destitute people. I am just one among them. I filed the case on behalf of all of them,” she said.
Mariyakutty, who had studied only up to Class IV, said that the state should ensure everyone’s right to justice. “I filed the petition because I firmly believe that individuals like me shouldn’t have to endure hardship as a result of the government’s misguided policies. Pinarayi and his administration lack the maturity to see things clearly,” she said.
Mariyakutty with her lawyers. (Supplied)
“I am fighting for everyone and I have no partisan politics,” she asserted. She also wanted to know how the administration was using the cess collected on petroleum products.
“They said the cess was for welfare pensions when it was introduced. We need an explanation,” the septuagenarian demanded.
Mariyakutty said she was happy over the court stepping in support of her.
The Idukki woman hogged the limelight on 8 November when she, along with friend octogenarian Annamma Ouseph, hit the streets of Adimali with a begging bowl on 8 November, seeking alms since they had not been getting the pension.
The act made her the target of a vilification campaign by pro-Left forces, and Desabhimani, the CPI(M) mouthpiece, had to publish a corrigendum, disowning an earlier report that showed Mariyakutty in a poor light.
Earlier, the high court witnessed dramatic scenes when it took up the Mariyakutty’s case for hearing.
While the special government pleader accused Mariyakutty of being politically motivated, Justice Devan Ramachandran, who heard the case, said he would not be partaking in the Christmas celebrations.
The single-judge Bench further granted liberty to Mariyakutty to approach the District Legal Services Authority or other such authorities in case she required any urgent financial assistance, Live Law reported.
The petitioner stated that she had not received the widow pension for the past five months, and subsequently, she could not afford proper medicine or food.
Union government’s counsel RV Sreejith informed the court the Centre, too, be in a position to help the petitioner if required.
The court posted the matter to 10 January 2024 for further hearing.
Earlier, Special Government Pleader TB Hood submitted that the state’s financial condition was not “conducive” to honour its commitments under the Indira Gandhi National Widow Pension.
The state government said that there are two other Social Security Pensions that were being implemented in the State, namely, Indira Gandhi National Old Age Pension and Indira Gandhi National Disability Pension; and that portions of the amounts eligible to the beneficiaries were to come from the central government, though in a smaller proportion.
The state government also submitted before the court that the Government of India has not made available its share under these schemes from July 2023.
Justice Ramachandran said the total was “rather unfortunate” because the court cannot issue any interim order to the government to pay her the arrears or the current pension, under the Scheme in question.
“This court can only leave this case at this moment, recording empathy for the petitioner and various others like her; but without being in a position to issue an interim order affirmatively against the Government of Kerala,” the court said in its order.
The court also noted the submission of the state government that “as and when the financial position of the state improves” (sic), the payout of the schemes, including that involved in Mariyakutty’s case, would be made; but without committing to any definite time frame.
The court said it would have certainly considered a grant of relief to the petitioner alone because the amount involved including the arrears would only be less than ₹5,000.
“But, as Sri T B Hood rightly said, this would be uncharitable to the thousands of others who have not been able to come to this court and who may perhaps never be able to do so because of their precarious fiscal scenario, since no citizen would be persuaded to initiate legal action when they are struggling for food, medicines and such other basic amenities,” the order said.
The judge then orally stated that he would not partake in Christmas celebrations.
Earlier the Kerala government’s pleader told the court that Mariyakutty was acting as per the dictates of certain political forces, and she had brought up the matter to disgrace the government.
Responding, Justice Ramachandran stated that the court had a duty to object to the government’s `shocking’ stand.
(With PTI inputs)
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