The Supreme Court in the case Baiju KG v. Dr VP Joy Conmt. Pet asked the Registry to address a reminder to the Secretary of the District Legal Services Authority, Kasaragod for submitting their report in a contempt plea preferred by victims of Endosulfan alleging failure on the part of State of Kerala to disburse 5 lakhs compensation, the report was to be placed before the Court pursuant to the order dated 18.08.2022. The same was asked to the concerned Secretary for filling before the next date of listing.
It had been directed by the Apex Court on 18.08.2022, the Secretary, District Legal Services Authority, Kasaragod, Kerala to visit the medical and healthcare facilities at various levels which includes the general hospitals, district hospitals, community healthcare centres, primary healthcare centres, assigned for treatment of Endosulfan victims in the district and a status report needs to be submitted withing 6 weeks. Thus, the purpose of the exercise was for enabling the court to have an objective assessment of medical and healthcare facilities provided to the victims of Endosulfan.
However, the court passed such an order 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. It was requested by him to 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.
Mr. Jaideep Gupta, Senior Advocate, appearing on behalf of the State of Kerala apprised a Bench comprising Justice D.Y. Chandrachud and Justice Hima Kolhi that as per the Office Report, the report has not been filled yet of the Secretary of the District Legal Services Authority, Kasaragod.
Background of the Case
Latterly, the Apex Court had expressed its displeasure that the State had only disbursed compensation to the 8 victims (who are the petitioners before the Court) out of 3704 victims and that too at a belated stage. The court 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. Moreover, 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 payments is only made by the State to the 8 petitioners and not the other applicants. Even the amount which is disbursed to the petitioners was after the contempt petition was filed.
The bench observed orally that the State Government of Kerala can’t do this and these 8 victims have moved the court and they have given them compensation but not the others. The said victims are Endosulfan and some of them have cancer, some are mentally disabled. It stated, Why these poor people have come to Delhi for justice? You should do it yourself. Our judgment is of Jan 10, 2017, already 5 years have gone by. Our judgment is of Jan 10, 2017, already 5 years have gone by.
The State Government apart from the compensation had also directed to consider the feasibility of providing assistance for dealing with lifelong health issues having regard to the large number of persons involved.
Accordingly, the bench listed the matter on 25 November 2022.
