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Synopsis

A division bench of the Bombay High Court comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne recently disposed of a Public Interest Litigation seeking financial aid for people being bitten by snakes and scorpions.

The said Public Interest Litigation was filed by a voluntary organization called Nisarga Vidnyan Sanstha, which is engaged in catching snakes and scorpions that enter human habitat. 

The petitioner argued that the State of Maharashtra was providing financial aid to the farmers and their family members who succumb on account of snake bites and at the same time the persons engaged in catching snakes/scorpions were not provided with any financial aid. It was argued that the same was discriminatory and violative of Articles 14 and 21 of the Constitution of India.

The petitioner also argued that a similar policy was adopted by the State of Madhya Pradesh in 2018 and the State of Maharashtra can also adopt the same.

The Additional Government Pleader argued that the State of Maharashtra had decided to compensate the farmers and their family members against the risk of snake bite through insurance coverage of Rs.2 Lakhs under the Gopinath Munde Farmers Insurance Scheme. The said benefit is extended only to the land-holding farmers and one member of the family, he told.

The division bench disposed of the Public Interest Litigation while noting that it was a policy decision to be taken by the state government. The order read,

"Whether a particular scheme is to be applied to a particular group of persons is a policy decision that is to be undertaken by the Government. The State Government under its wisdom has considered farmers to form a different class than the other citizens and the benevolent scheme has been floated for the farmers."

The high court also said that it would not direct the government to take policy decisions since it would be encroaching upon the state government's jurisdiction.

"It is for the State Government to consider the grievances put forth by the Petitioner with regard to providing the compensation to the other persons who succumb due to snake bite. This Court would not direct the Government to make a policy in a particular manner as that would amount to encroaching upon the jurisdiction of the State Government conferred the Article 162 of the Constitution of India," Court said.