Staff Reporter
Guwahati: The Gauhati High Court will take up for consideration on September 9, 2026, a Public Interest Litigation (PIL) instituted seeking the urgent intervention of the Court to safeguard the fundamental rights of thousands of flood-affected citizens of Assam, whose lives have been devastated by unprecedented floods.
The bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury recently heard the matter (PIL 48/2026) filed by Sandeep Chamaria, under Article 226 of the Constitution of India, seeking a writ of continuing mandamus requiring the state authorities to implement every statutory relief measure for the flood-affected people in accordance with law.
The petitioner says that recurring floods have once again caused a humanitarian crisis in many major districts of Assam. Entire villages have remained submerged for several days. The floods have displaced lakhs of people from their homes. Numerous human lives have reportedly been lost. Thousands of families have lost their houses, food grains, livestock, agricultural fields, household belongings and sources of livelihood. Schools, roads, bridges, drinking water facilities, health centres and public infrastructure have suffered extensive damage.
The petition points out that the right to life guaranteed under Article 21 of the Constitution extends beyond mere animal existence and includes the right to live with dignity, the right to food, the right to potable drinking water, shelter, healthcare and a healthy environment. When citizens are rendered homeless, foodless and deprived of basic necessities due to a natural disaster, the State has a constitutional and statutory obligation to provide immediate relief and rehabilitation. It goes on to state that the Disaster Management Act, 2005, creates a comprehensive statutory framework for disaster preparedness, response, relief, rehabilitation and reconstruction. The National Disaster Management Policy, the National Disaster Response Fund (NDRF) Guidelines, the State Disaster Response Fund (SDRF) norms and the policies of the Assam State Disaster Management Authority mandate prompt rescue operations, establishment of relief camps, provision of food, drinking water, medical facilities, sanitation, compensation and rehabilitation, it observes.
Further, despite the existence of these statutory obligations, large sections of the affected population continue to face severe hardship due to inadequate access to relief measures. Many families continue to remain without permanent shelter, sufficient food, safe drinking water, sanitation, electricity, medical facilities and livelihood support.
Stating that the affected citizens are also entitled to the benefits of several welfare schemes, the petitioner submits that relief should not merely be announced but should actually reach every eligible victim in a transparent, accountable and time-bound manner.
The writ petition seeks a writ of continuing mandamus requiring the state authorities to implement every statutory relief measure in accordance with law and to submit periodic compliance reports before the court until rehabilitation is substantially completed. The present petition is filed bona fide in the interest of the public at large, without any personal or private motive, and requires urgent consideration to prevent further loss of life and property and to safeguard the fundamental rights of Assam’s citizens.
However, the petitioner does not allege mala fides against any individual authority but submitted that judicial supervision would strengthen transparency, accountability and timely implementation of rehabilitation measures. Hence, he filed this PIL.
After hearing the above, the HC bench said it will take up the PIL for consideration on September 9, 2026.
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