The dignity of a woman is inseparably connected to her right to shelter, the Madurai Bench of the Madras High Court has said while directing the immediate restoration of a woman’s damaged house in Madurai district.

The court was hearing a petition filed by V. Malar of Madurai district. The petitioner, a single woman who had separated from her husband, was eking out her livelihood as an agricultural worker. It is said she purchased a property in Kovilangulam in Usilampatti taluk in Madurai district.

According to the petitioner, Jason Tamil Selvan, owner of the adjacent land, encroached upon her property and, with the aid of his associates including Baskara Pandiyan and Bill Gates, demolished her dwelling, thereby rendering her homeless. The woman sought a proper inquiry into the issue while Jason Tamil Selvan claimed that the petitioner’s structure stood on his land.

Justice L. Victoria Gowri said a home is not merely a structure of bricks and mortar. It is the last refuge of dignity, especially for a woman standing alone against the tides of vulnerability. When such a refuge is razed not by the majesty of law but by the might of men emboldened by influence, it is not merely a civil wrong, it is a constitutional wound. The State, as the sentinel of rights, cannot remain a mute spectator.

The court said the conduct of Jason Tamil Selvan and his associates in demolishing the petitioner’s house, even assuming a claim over the land, was wholly illegal. The law is well settled that even a true owner cannot dispossess a person in settled possession except by due process of law.

When a dispute was brought to the notice of the police and when the petitioner had already expressed apprehension, the police were duty-bound to prevent breach of peace and protect possession. The sequence of events indicates that the police remained passive spectators while the petitioner’s dwelling was demolished. Such inaction is not a mere lapse, it is a failure of constitutional duty, the court said.

The court said the Supreme Court has consistently held that the right to life under Article 21 of the Constitution includes the right to live with dignity, which necessarily encompasses the right to residence. The court is constrained to observe that the present case reflects a misuse of legal process to achieve an illegal end.

The court directed the three men to immediately restore the demolished structure and pay a compensation of ₹50,000 each to the woman. The court also directed Madurai Collector to provide necessary protection to the woman and the police to conclude investigation into the case registered as expeditiously as possible.