Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Court – Writ petition filed by persons affected by the use of Endosulfan |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Contempt Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Contempt of Court – Writ petition filed by persons affected by the use of Endosulfan – Case of petitioners was that the use of toxic pesticide called Endosulfan led to spread of mental and physical ailments amongst residents of areas that were impacted by its use – The Court on 10.01.2017 had directed the State Government to compensate by distributing Rs.5 lakhs to each affected persons within three months – The Court had also directed the State Government to consider the feasibility of providing medical facilities and treatment for life long ailments arising from the effects of Endosulfan considering larger number of persons affected – A team of officials from the Health and Revenue departments visited homes of 3704 victims to whom compensation was not yet provided and noticed that out of these victims, 102 were bedridden, 326 were mentally disabled, 201 were physically disabled, 119 were afflicted with cancer while 2966 fell in the residual category and the State Government of Kerala virtually did nothing for five years – The State Government took decision on 15.01.2022 authorizing disbursal of an additional amount of Rs.200 crores for compensation to the victims of Endosulfan – As of date, an amount of Rs 5 lakhs has been disbursed to only eight persons who are the petitioners who have moved these contempt proceedings – There is no rationale on part of State Government in disbursing compensation only to those having the ability to move this Court – The inordinate delay in compensating the persons affected by the use of Endosulfan not only reflects failure on part of State Government in complying with Court’s order but also further compounds the violation of the fundamental rights of such persons – That apart, in order dated 10.01.2017, the State Government was directed to consider the feasibility of providing medical facilities to deal with life-long health issues arising out of the effects of Endosulfan – State Government has not disclosed what steps it took to provide for medical treatment and rehabilitation to these victims – The right to health is an integral part of the right to life under Art.21 of the Constitution – The victims who are suffering ought to have been provided immediate relief and rehabilitation – Therefore, directions passed to Chief Secretary to ensure that order dated 10.01.2017 is diligently implemented – Eight petitioners be paid cost of Rs.50,000 – Contempt petition to be listed on 18.07.2022. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 575 |
Petitioner | Baiju K G & Ors |
Respondent | Dr V P Joy |
SCR | [2022] 3 S.C.R. 569 |
Judgement Date | 2022-05-13 |
Case Number | 244 |
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