{"id":267064,"date":"2022-05-19T18:00:48","date_gmt":"2022-05-19T12:30:48","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=267064"},"modified":"2022-05-27T10:31:52","modified_gmt":"2022-05-27T05:01:52","slug":"endosuflan-victims-compensation-kerala-government-five-years-supreme-court-contempt-legal-news-research-knowledge-updates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/05\/19\/endosuflan-victims-compensation-kerala-government-five-years-supreme-court-contempt-legal-news-research-knowledge-updates\/","title":{"rendered":"SC finds Kerala Govt’s failure to compensate 3700 Endosulfan victims for 5 years appalling; says “without health, the faculties of living have little meaning”"},"content":{"rendered":"

Supreme Court<\/strong>: In the issue relating to the use of a toxic pesticide called Endosulfan leading to a spread of mental and physical ailments among residents of Kasargod district in Kerala, the bench of Dr. DY Chandrachud<\/strong>* and Surya Kant, JJ has held that the inordinate delay by the State Government in compensating the persons affected by the use of Endosulfan not only reflects its failure to comply with the Court\u2019s order but also further compounds the violation of the fundamental rights of such persons.<\/p>\n

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\u201cThe failure to redress the infringement of their fundamental rights becomes more egregious with each passing day.\u201d<\/p>\n<\/blockquote>\n

Background<\/strong><\/span><\/h4>\n

Supreme Court had, by its order dated 10 January 2017, directed the State Governments to compensate all the affected persons by distributing an amount of Rs 5 lakhs to each affected person within three months. It also directed the State Governments to consider the feasibility of providing medical facilities and treatment for life-long ailments arising from the effects of Endosulfan, considering the larger number of affected persons.<\/p>\n

In the case at hand, a contempt petition was instituted by the residents of Kasargod district in Kerala as the State Government failed to compensate the affected residents. It was argued that the petitioners are yet to be compensated and the medical facilities have not been improved because of which the affected persons in Kasargod District are compelled to travel to Trivandrum, about 600 kms away for their treatment.<\/p>\n

Out of the 3704 victims, 102 are bedridden, 326 are mentally disabled, 201 are physically disabled, 119 are afflicted with cancer while 2966 fall in the residual category.<\/p>\n

The State Government has, on 15 January 2022, issued a GO to authorize the disbursal of an additional amount of Rs 200 crores for providing compensation to the victims of Endosulfan. However, as of date, an amount of Rs 5 lakhs has been disbursed only to eight persons who are the petitioners who have moved these contempt proceedings.<\/p>\n

Observations <\/strong><\/span><\/h4>\n

The Court observed that the Government of Kerala has done virtually nothing for five years. Besides the fact that the delay is appalling, the inaction is in breach of the orders of the court.<\/p>\n

The Court also failed to understand the logic or the rationale of the State Government in disbursing compensation only to those who have the ability to move the Supreme Court.<\/p>\n

Noticing that most of the victims are from the marginalized segments of society and many of the victims are in a serious condition to whom compensation on an urgent basis has to be provided, the Court said,<\/p>\n

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\u201cThe right to health is an integral part of the right to life under Article 21 of the Constitution. Without health, the faculties of living have little meaning.\u201d<\/p>\n<\/blockquote>\n

Stating that it would be justified in taking recourse to the coercive arm of law, the Court confined itself to providing immediate relief and rehabilitation to the victims who are suffering and issued the following directions:<\/p>\n