Can't Stick On Technicalities Like Cut-Off Dates To Refuse Benefits: Kerala HC Asks State To Write Off Loans Taken For Endosulfan Victim's Treatment

The Kerala High Court recently directed the State Government to consider the debts incurred by the family of an endosulfan victim as debts qualified for waiver under Debt Waiver Scheme for Endosulfan Victims, and to write off the loans immediately.

The direction comes after State refused to write off loans on the ground that the concerned GO for writing off loans up to Rs.3 Lakhs was applicable only to loans availed upto 30.06.2011. 

Justice V.G. Arun observed, 

"Neither the State nor this Court can pretend to be oblivious of the plight of the endosulfan victims and their families in Kasaragod. It is pertinent to note that the NHRC recommended to pay Rs.5 Lakhs as compensation to victims like Ann Mariya. The Commission has also recommended to increase the quantum of relief and rehabilitation to victims and their families. Of course, the State came out with relief and rehabilitation packages. The daunting question is whether, in a case of this nature, the State and its officers can stick on technicalities like cut off dates for refusing the benefits due to the family of a victim".

It found that the instant case was a suitable one to invoke the doctrine of parens patriae. 

"The concept of parens patriae is that the State has the inherent power and authority to provide protection to persons non-sui-juris such as minors, insane and incompetent persons as well as persons rendered helpless due to calamities. Duty and responsibility being concomitant to power and authority, the State is bound to provide solace to the family of Ann Mariya by going the extra mile. Pertinently, there is no challenge as to the genuineness of the petitioner's claim, the objection being that major portion of the loan was availed after 30.06.2011 and being the grand father of the victim, the loan availed by the 2nd petitioner do not qualify for waiver. Such objections are insignificant when compared to the suffering undergone by the victim and her family", it was observed.

The plea was moved by the mother and maternal grandfather of Ann Maria, who was born with 80% mental retardation and multiple disabilities, which rendered her immobile, due to the spraying of Endosulfan by the Plantation Corporation of Kerala. The family had to borrow money to provide medical aid to her and outstanding amount of Rs.2,03,000/- was to be repaid. Due to the failure of the petitioners in effecting prompt repayment towards the loans, they were served with notices by the banks. They thus approached the Kasaragod District Collector seeking a direction to write off the loans in terms of the GO issued by the Health Department. However, they were served with a communication by the Deputy Collector that only loans availed on or before 30.06.2011 would be considered for waiver. Thus, the writ petition was filed.

The Court observed that the NHRC had issued various recommendations to the Central and State Governments as a remedial measure for the debilitating impact of endosulfan over the present and future generations in Kasaragod, one of which included payment of at least Rs.5 Lakhs to the next of kin of those who died and those who were fully bed ridden/unable to move without help or were mentally retarded, by the State Government. Accordingly, the amount of Rs. 5 Lakhs was paid to Ann Mariya, alongwith monthly pension of Rs.2,200/- and Rs.700/- per month to her mother. However, by the time the payments were effected, the family had incurred huge debts. 

It was in this context that the Court invoked the parens patriae doctrine in order to surpass the technicalities imposed. The writ petition was thus allowed. 

Advocates K.P. Pradeep and T. Thasmi appeared on behalf of the petitioners in the instant case. The respondents were represented by the Government Pleader Riyal Devassy, Senior Advocates George Thomas and M. Gopikrishnan Nambiar, and Advocates N. Rajesh, K. John Mathai, Amal George, Joson Manavalan, Kuryan Thomas, and Paulose C. Abraham. 

Case Title: Ressy Mol Babu & Anr. v. State of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 660 

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