The Supreme Court has directed the High Court of Kerala to oversee the treatment and medical facilities for endosulfan survivors. This comes after a two-year and two-month-long contempt of court petition against the Kerala government. The court closed the contempt petition against Chief Secretary V P Joy, as the government had already disbursed compensation of Rs 5 lakh to almost all victims of endosulfan.
In 2017, the Supreme Court had ordered the state government to provide Rs 5 lakh compensation to all endosulfan survivors and the families of those who died from endosulfan-related ailments within three months. The order also emphasized the provision of lifelong medical facilities and treatment for the affected individuals. However, by 2018, only 3,010 survivors out of 6,728 identified victims had received full compensation.
Contempt of court petitions were filed in 2019 by four survivors, and in 2022 by another eight survivors, accusing the state government of not fulfilling its obligations. While the government tried to close the petitions by compensating the survivors, Justice D Y Chandrachud, part of the bench that issued the compensation order, criticized the government for its inaction over five years.
Refusing to close the contempt case, the court ordered the state government to pay Rs 50,000 to each of the eight petitioners as costs. The lack of treatment facilities in Kasaragod, as mentioned in the 2017 judgment, was also raised by the petitioners. The Supreme Court decided to keep the case open to hear the government’s response.
In response, the government submitted an affidavit listing the facilities provided to endosulfan victims, but upon further scrutiny, the court directed the District Legal Service Authority (DLSA) secretary to file a detailed report on the actual status of facilities in Kasaragod. The subsequent report exposed the government’s half-truths, revealing that patients still had to travel long distances for advanced treatment.
Despite these developments, the state government had already provided compensation of Rs 5 lakh to nearly all endosulfan survivors and the families of deceased victims. On May 16, the bench, headed by Chief Justice Chandrachud, instructed the Kerala High Court to monitor the treatment and facilities provided to endosulfan victims, ensuring their well-being is prioritized.
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