Endosulfan | Supreme Court Asks Registry To Send Reminder To DLSA To Submit Report On Medical Facilities For Victims

On the last occasion (18 August, 2022) the Apex Court had directed the Secretary, District Legal Services Authority, Kasaragod, Kerala to visit the medical and healthcare facilities at various levels, including district hospitals, general hospital, community healthcare centres, primary healthcare centres, assigned for treatment of Endosulfan victims in the district and submit a status report within 6 weeks. The purpose of the exercise was to enable the Court to have an objective assessment of medical and healthcare facilities provided to the victims of Endosulfan.

Such an order was passed on the last date of hearing after considering the submission of Senior Advocate P.N. Ravindran, representing the petitioners, that there is a serious lack of infrastructure and facilities for the treatment of the Endosulfan victims. In this regard, he had requested the Apex Court to appoint a Commission, who could visit the concerned facilities in the Endosulfan affected area of Kasaragod and provide a status report to the Court.

On Friday, Senior Advocate, Mr. Jaideep Gupta appearing on behalf of the State of Kerala apprised a Bench comprising Justices D.Y. Chandrachud and Hima Kolhi that as per the Office Report, the report of the Secretary of the District Legal Services Authority, Kasaragod has not yet been filed.

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.

The matter will be listed next on 25 November 2022.

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