The High Court has granted $14,000 to victims involved in an unlawful eviction case, emphasizing the need for protecting the rights of vulnerable individuals, particularly children. On July 10, 2025, Puisne Justice Vishwa Datt Sharma ruled against the eviction, which had a severe impact on a family, including three young children aged 2, 5, and 6.
The case was filed in 2020 by the Human Rights and Anti-Discrimination Commission on behalf of the family after they were forcefully locked out of their home while the father was at work. Justice Sharma condemned the eviction as “degrading and inhumane,” highlighting the dangers faced by children locked outside their home, including lack of access to essential facilities and exposure to harm.
In his judgment, Justice Sharma reinforced the importance of protecting children’s rights under Fiji’s legal framework. He noted that the Distress for Rent Act does not empower landlords to lock individuals out of their homes or prevent them from occupying their properties. Moreover, he referred to the Human Rights and Anti-Discrimination Commission Act 2009, which enables the High Court to award damages in cases of human rights violations.
This ruling aligns with ongoing efforts to address arbitrary evictions in Fiji, including a recent investigation by the Fiji Human Rights and Anti-Discrimination Commission regarding similar issues. Previous incidents highlight the pressing need for fair legal frameworks to protect families facing eviction, as exemplified by a recent case involving a family of 12 who were evicted from their home, prompting broader discussions about property rights and tenant protections.
As Fiji continues to grapple with these challenges, the recent court ruling serves as a hopeful reminder of the judiciary’s commitment to uphold human rights, particularly for vulnerable groups, while encouraging dialogue between landlords and tenants to foster equitable solutions and improve living conditions for everyone involved.
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