Endosulfan Tragedy| Supreme Court Seeks Report From Kasargod District Legal Services Authority On Medical Facilities For Victims

A Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna noted that the report ought to cover -

1. the status of the existing healthcare facilities and
2. the status of facilities providing palliative care and physiotherapy

The concerned authorities of the State Government were asked to cooperate with the Secretary, DSLA, to provide necessary assistance and facilitate the visits undertaken in this regard.

The Bench was hearing a contempt plea preferred by victims of Endosulfan alleging failure on the part of State of Kerala to disburse 5 lakhs compensation.

On the last occasion, Senior Advocate, Mr. Jaideep Gupta, appearing for the State, had apprised the Bench that almost all applicants had been compensated. The State Government has filed a compliance affidavit indicating the progress in compensation, medical facilities and palliative care to the victims. The Counsel for the petitioner pointed out that he would require some more time to examine the State's affidavit, since the same was served to him only a day prior to the hearing.

On Thursday, reverting to the affidavit filed by the State Government, Senior Advocate P.N. Ravindran, appearing on behalf of the petitioners, submitted that though they do not have any grievance against the district healthcare authorities, there is a serious lack of infrastructure and facilities for the treatment of the Endosulfan victims. He beseeched the Court to appoint a Commission, who could visit the concerned facilities in the Endosulfan affected area of Kasaragod in Kerala and revert to the Court about their existing status.

Additional Solicitor General, Mr. Nataraj requested the Bench that the relief granted for Endosulfan victims in Kasaragod be extended to victims in certain areas of Karnataka. It appears that the matter is before the Karnataka High Court. Considering the same, Justice Chandrachud asked the ASG to get the High Court orders on the next date of hearing so that the Bench could examine if it was being monitored by the High Court -

"If the High Court is monitoring, then we don't have to do anything."

Background

Previously, the Apex Court had expressed its displeasure that the State had only disbursed compensation to the 8 victims (who were petitioners before the Court) out of 3704 victims and that too at a belated stage. It had directed the State to pay them (the petitioners) costs of Rs 50,000 each within a period of 3 weeks from the date of order. The Apex Court was livid that even when the order to pay compensation was passed on 10.01.2017 and 5 years have gone by, the State had only made payment to the 8 petitioners and not the other applicants. Even the amount disbursed to the petitioners was after the contempt petition was filed. It had orally observed -

"The State Government of Kerala can't do this. These 8 victims have moved the court and they have given them compensation but not the others. These are victims of Endosulfan. Some of them have cancer, some are mentally disabled. Why do these poor people have to come to Delhi for justice? You must do it yourself. Our judgment is of 10.01.2017, 5 years have gone by."

Apart from compensation the State Government had been also directed to consider the feasibility of providing assistance to deal with life long health issues having regard to the large number of persons involved.

[Case Title: Baiju KG vs Dr VP Joy Conmt. Pet (C) No. 244/2021]

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