The High Court has awarded victims in an eviction case $14,000.
Puisne Justice Vishwa Datt Sharma delivered his ruling on July 10, 2025, stating the eviction unlawful due to its severe impact on vulnerable individuals, particularly children.
The case was filed in 2020 with the High Court by the Human Rights and AntiDiscrimination Commission on behalf of the family after they were forcefully locked out of their residence while the father was at work
In his judgment, Justice Sharma condemned the eviction as “degrading and inhumane,” emphasising the fundamental importance of safeguarding children’s rights under Fiji’s legal framework.
The case involved the eviction of four individuals, a house girl and three children aged 2, 5, and 6 years.
“A child locked outside of his home faces many difficulties such as no access to bathroom facilities, food and water, exposure to someone who could harm them, and exposure to other elements,” he stated.
He underscored that such conditions constitute inhuman and degrading treatment, particularly for children of tender ages.
He stressed that protecting the human dignity of vulnerable groups, including women and children, is paramount.
“Bearing the fact in mind at the time of eviction, the circumstances in which they were evicted favors that these vulnerable group of four be protected and their human dignity be protected by law,” he noted.
Justice Sharma further clarified that the Distress for Rent Act contains no provision empowering landlords or bailiffs to lock a house to prevent occupants from entering or to deprive them of occupation.
He also referenced Section 41 of the Human Rights and Anti-Discrimination Commission Act 2009, which authorises the High Court to award damages in cases of human rights violations.
