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Synopsis

In pursuance of the Supreme Court's earlier order, the District Legal Services Authority, Kasargod submitted a report before CJI DY Chandrachud led bench today on the healthcare facilities available for victims of Endosulfan poisoning.

Last year, the Supreme Court had directed the DLSA in Kerala to submit a report on healthcare facilities, including palliative care and physiotherapy, available for victims of endosulfan poisoning in Kasargod district.

After taking on record the report so submitted, the bench also comprising Justices Pardiwala and Narasimha were further told that the compensation had been paid to all victims in full.

"We thus deem it fit to transfer this petition to the Kerala High Court for further monitoring under Article 226. The High Court may issue further directions for providing palliative care to the victims. The contempt petitions are accordingly disposed of", ordered the bench.

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.

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.

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.

Case Title: Baiju KG vs. Dr. VP Joy