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Synopsis

The Kerala Government today informed a Supreme Court bench of Justices DY Chandrachud and AS Bopanna that 98 percent of the beneficiaries in the Endosulfan tragedy case have been paid compensation. The state has also filed a compliance report to this effect.

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 in the state.

Court also asked the State to consider setting up a centre 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, opposed the ban of the pesticide due to their effectiveness on pests. The Supreme Court banned the use of Endosulfan in 2012.

When the matter came up for hearing, the counsel for the state further informed the court that the State is in the process of paying compensation to the remaining others as well.

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

The court, on hearing the submissions, took note of the compliance report indicating that compensation has been disbursed to 98% of beneficiaries. The court further recorded that certain suggestions have been made for providing palliative care and the counsel for the state said that Kerala would respond to this in a positive frame.

Court directed Kerala to file an updated status report and adjourned the matter.

On the last date of hearing, Court had pulled up the State of Kerala for not paying compensation to the victims. The bench was also 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 had thus directed:

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 to the state.
2. Chief Secretary shall hold a meeting to ensure that the judgment of the Supreme Court is diligently implemented by undertaking the process of identifying victims of Endosulfane and ensuring that the compensation is paid.
3. Take steps to ensure medical facilities.

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