Bringing relief to 23-year-old engineering graduate Sindhu Lakshmi, who at the age of three lost her speech after she and her mother were attacked by the Samayapuram temple elephant in 1999, the Madurai Bench of the Madras High Court has directed the State to pay ₹25 lakh as compensation and provide her a suitable job in the HR and CE Department in Tiruchi.
In 1999, three-year old Sindhu Lakshmi of Tiruchi visited the Mariamman Temple accompanied by her parents. They were attacked by the temple elephant and she suffered severe injuries to her throat after falling down. Sindhu lost her speech and since then is breathing through an artificial tracheal tube and takes only liquid food.
Granting relief to the petitioner who sought a direction to the State to provide her a job based on her educational qualification, Justice Krishnan Ramasamy observed that ‘life’ under Article 21 of the Constitution has undergone a complete transition. The judge said that it is the basic expectation of every human being to live a healthy and an active life. If such an expectation is breached due to the negligence of the State or its agencies, it becomes an obligation of the State to do the needful for restitution of the person who has suffered due to the negligence of its servants.
The judge observed that several temples maintained by the State were keeping elephants on their premises as part of tradition and religious practices. This practice of having elephants in temples is seen from historic times. Recently, in a popular temple in the State, the deep bonding between the elephant and mahout was shown on several TV channels. It was remarked that an elephant is a huge animal with a child’s mindset and despite its intelligence, needs proper care and caution. This being so, the State should be very cautious when the devotees are visiting a temple with the elephant.
‘Fit case’
This is a fit case where the court will be justified in awarding monetary compensation of more than ₹1 crore along with appointment on compassionate grounds. However, the relief sought in this petition is only to provide the appointment. If at all, this court intends to render complete and comprehensive justice to the petitioner, it can be done only by providing monetary compensation as well as the appointment, the judge said.
