The Supreme Court (SC) has recently initiated a conversation between the governments of Kerala and Karnataka to resolve the ongoing conflict about the closure of certain roads. This dispute involves the linking roads from Kasaragod district, Kerala to Mangaluru, Karnataka which have been closed off. The SC addressed this issue via video conferencing, challenging the Kerala High Court’s directive to open these roads in order to ensure that patients from Kasaragod can access emergency medical care facilities present in Mangaluru.
Karnataka’s Concerns
As stated by Karnataka during the proceedings, the state is apprehensive about opening these roads, citing potential law and order issues as their main concern. More specifically, local residents are uneasy with individuals from Kasaragod traveling across due to the high number of COOVID-19 cases reported in that district.
The Supreme Court’s Decision
The Supreme Court chose not to overturn the Kerala High Court’s order but instead advised both states to refrain from escalating matters. They also suggested that the Centre mediate a discussion between the states in order to set parameters for the transit of patients requiring urgent medical treatment.
Directions by Kerala High Court
In response to the road blockades set up by Karnataka on national highways linking it with Kerala, the Kerala High Court had previously ordered the Centre to ensure those blockades were removed without delay. This will enable free movement of vehicles transporting individuals needing urgent medical treatment between the two states.
The Kerala HC requested central government intervention, pointing out that the roads connecting Mangalore to Kasaragod form part of the national highway network, thereby making it the central government’s responsibility to guarantee their accessibility. The court also mentioned that denying health services constitutes an infringement of the right to life under Article 21, and impedes the right to freedom of movement under Article 19(1) (d) of the Constitution.
Court’s Territorial Jurisdiction
In response to this, Karnataka argued that such orders exceeded the court’s territorial jurisdiction. The court negated this argument stating that if a High Court identifies and deems the actions of a neighbouring state government illegal and unconstitutional, the latter is obligated to abide by that declaration, regardless of whether or not that court falls outside the said state’s territory.
The Rationale Behind the High Court’s Order
This ruling was formulated in response to the tragic passing of seven patients from Kasaragod, who were regular users of the medical facilities in Mangaluru. It was alleged by the relatives of these unfortunate individuals that they were unable to cross the border for the treatment due to the blockade imposed by Karnataka.
Background context
Upon the implementation of a lockdown on March 25th in an attempt to limit the spread of coronavirus, several states sealed off their inter-state borders to restrict movement of people. Despite the guidelines allowing essential services and goods vehicles to cross borders, certain villages on the Karnataka side of the border with Kerala created a blockade, effectively restricting all movement, including essential services. Consequently, many roads that connect Kerala to Karnataka, especially those from Dakota Kannada and Kodagu districts of Karnataka linking Kasaragod in Kerala, have been blocked. Source: IE.
