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Synopsis

A Supreme Court bench of Justices Chandrachud and Bopanna on Friday directed the District Legal Services Authority in Kerala to submit a report on healthcare facilities, including palliative care and physiotherapy, available for victims of endosulfan poisoning in Kasargod district.

Court directed the DLSA to file a report that will cover Endosulfan affected areas of Kasaragod District in Kerala, including the District Hospitals, General Hospitals, Community Healthcare Centres and Primary Healthcare. The report has been directed to be submitted in six weeks. The standing counsel for Kerala has been directed to forward a copy of the Supreme Court's order to the Secretary, DLSA, Kasaragod.

Supreme Court in January 2017 passed a judgment directing the State of Kerala to pay Rs 500 crores as compensation to over 5,000 persons who suffered from various deformities and health complications after using Endosulfan pesticides.

Court also asked the State to consider setting up a center to provide lifelong medical treatment to all the victims.

The above directions were passed in a Public Interest Litigation petition filed by the Democratic Youth Federation of India (DYFI) in 2012, which raised the issue pertaining to the adverse effects of Endosulfan.

When Court mooted a proposal to ban the pesticide, both the Centre and Kerala government opposed the ban on the pesticide due to their effectiveness on pests. The Supreme Court banned the use of Endosulfan in 2012.

On the last date of hearing, the counsel for the victims informed the court that a hospital was built in the vicinity of the area where the victims live and it is now being shut down. The counsel informed the court that the Kerala government can run the hospital to provide support for the victims. 

Thereafter, Chief secretary V P Joy submitted two affidavits listing out the government initiatives for endosulfan victims in Kasaragod. Upon perusing the report, Senior advocate P N Ravindran, appearing for the eight endosulfan victims, suggested that the apex court should independently verify the facts. The court thus asked DLSA to conduct a survey and file a report. 

In May 2022, the Supreme Court pulled up the State of Kerala for not paying compensation to the victims of Endosulfan tragedy despite the court passing an order in 2017 directing the same.  The bench was informed that only 8 victims who had approached the court for compensation were paid Rs.5,00,000 each and others were yet to receive the compensation.

The bench was miffed by the fact that despite five years having elapsed, the State had not come up with a proposal for medical support to the victims of the tragedy. Court, therefore, directed the state to -

1. Pay Rs.50,000 as compensation to the eight victims who had to approach the court for disbursement of the money that was to be paid by the state.
2. Hold a meeting through Chief Secretary to ensure that the judgment of the Supreme Court is diligently implemented by undertaking the process of identifying victims of Endosulfan and ensuring that the compensation is paid.
3. Take steps to ensure medical facilities.

The matter has now been adjourned to October 2022 for further hearing. 

Case title: Baiju K.G. Vs Dr.V.P.Joy