Is Tamil Nadu's Kanavu Illam Scheme Discriminating Against Literary Awardees?
R S Raveendhren
When a well-intentioned policy lacks adequate administrative or legal support, it is only natural that it becomes a non-starter, one that undermines the very ideals it was meant to uphold.
This predicament plagues a flagship scheme announced by the Tamil Nadu govt in 2021.
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The scheme Kanavu Illam (dream house) was launched inter alia to mark the 97th birthday of former chief minister late
M Karunanidhi
. It provided for the allotment of houses to Tamil writers who are recipients of civilian awards, such as the Jnanpith, Sahitya Akademi, or any national or state-level award.
The 2022 order issued by the department of Tamil development and information stated that the Kanavu Illam allotment was 'not for the recipient of the award but for the award itself', implying that the house was an honour, not a piece of real estate.
The policy clearly intended to recognise significant contributions to Tamil literature, regardless of whether an awardee already owned a house.
It also outlined the selection process, norms, and implementation guidelines. Another circular that year stated that even those with existing homes could apply if they met the eligibility criteria. The scheme envisaged selecting up to 10 awardees each financial year starting from 2021.
In response, many Tamil scholars applied, and several eligible recipients were shortlisted.
But in an order dated Jan 1, 2024, the govt took a U-turn, declaring with retrospective effect that awardees would be ineligible for a Kanavu Illam if they or their spouses had purchased flats or plots from the Tamil Nadu housing board (TNHB), or had received any allotment of land or housing from govt bodies or the collector, whether at a concession or market rate.
As a result, allotments for several eligible awardees were put on hold or rejected.
These amended, retrospective conditions not only defeated the original intent of honouring literary contributions but also demeaned the awardees' achievements by applying arbitrary and irrational criteria.
The order discriminates only against Tamil writers who acquired flats through TNHB or Tamil Nadu urban habitat development board, while those who bought homes privately remain eligible, a clear violation of Article 14 of the Constitution.
The amended order fails the test of the doctrine of Intelligible Differentia by confusing private acts of applicants who have the means to purchase property with those deserving to be awarded under this beneficial scheme.
What the amendment does effectively is discriminate against a class of people under the guise of honouring them.
A policy is not a law. A policy can only succeed if and when it achieves its avowed object through legitimate means. If the govt can iron out the bottlenecks of unreasonable criteria, this scheme would admirably acquit itself with the glory it rightfully deserves.
(The author is an advocate in
Madras high court
)
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