BAIJU K G Vs. DR V P JOY

JUDGEMENT

(1.) A contempt petition has been instituted before this Court by the residents of Kasargod district in Kerala who were affected by the use of a toxic pesticide called Endosulfan. The use of the pesticide led to a spread of mental and physical ailments among residents of areas that were impacted by its use. A writ petition was instituted before this Court by the persons affected by the use of Endosulfan. This Court by its order dtd. 10/1/2017 directed the State Governments to compensate all the affected persons by distributing an amount of Rs.5.00 lakhs to each affected person within three months. This Court 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. It is submitted by the petitioners, whose names are mentioned in the list of Endosulfan victims prepared by the Government of Kerala, that the Government has failed to comply with the order. 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.

(2.) A compliance report dtd. 9/5/2022 has been filed by the Chief Secretary to the Government of Kerala. The report indicates that on 16/3/2022, the Chief Secretary convened a meeting in connection with the need for disbursing compensation to the victims of Endosulfan, in compliance with the judgment of this Court dtd. 10/1/2017. A team of officials from the Health and Revenue departments has been constituted to visit the homes of 3704 victims to whom compensation is yet to be provided. Of these victims, 102 are found to be bedridden, 326 to be mentally disabled, 201 to be physically disabled, 119 to be afflicted with cancer while 2966 fall in the residual category. 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 this court.

(3.) The State Government has now taken a decision on 15/1/2022 by issuing GO(Rt) No 1877/2022/Fin to authorize the disbursal of an additional amount of Rs.200.00 crores for providing compensation to the victims of Endosulfan. As of date, an amount of Rs.5.00 lakhs has been disbursed only to eight persons who are the petitioners who have moved these contempt proceedings. We fail to understand the logic or the rationale of the State Government in disbursing compensation only to those who have the ability to move this Court.