Case Note & Summary
The Supreme Court addressed a contempt petition filed by residents of Kasargod district, Kerala, affected by the toxic pesticide Endosulfan. A writ petition had previously been instituted, leading to a court order on 10 January 2017, which mandated the State Governments to compensate affected individuals with Rs 5 lakhs each and to improve medical facilities for those suffering from long-term health issues. The petitioners claimed that the Government failed to comply with this order, as they had not received compensation and were forced to travel long distances for treatment. A compliance report from the Chief Secretary of Kerala indicated minimal progress, with only eight individuals compensated despite the identification of 3704 victims. The court criticized the State Government for its inaction over five years and highlighted the urgent need for compensation and medical assistance for marginalized victims. The court referenced the case of Nilabati Behera v. State of Orissa, emphasizing the State's liability for public wrongs and the necessity of compensating victims for violations of their fundamental rights. The court issued directions for the immediate payment of costs to the petitioners, mandated monthly meetings to ensure compliance with the 2017 order, and required an affidavit of compliance to be filed. The contempt petition was scheduled for further hearing on 18 July 2022.
Headnote
A) Contempt of Court - Compliance with Court Orders - State's Failure to Compensate Victims - Contempt Petition filed for non-compliance with the Supreme Court's order dated 10 January 2017 directing compensation for Endosulfan victims - The State Government's inaction over five years constituted a breach of the court's order and violated the fundamental rights of the victims under Article 21 of the Constitution - Held that immediate relief and rehabilitation measures must be implemented (Paras 1-5).
Issue of Consideration
Whether the State Government complied with the Supreme Court's order regarding compensation and medical facilities for Endosulfan victims
Final Decision
The Supreme Court directed the State Government to pay Rs 50,000 each to the eight petitioners, hold monthly meetings for compliance, and file an affidavit detailing progress. The court emphasized the urgent need for compensation and medical facilities for all victims.
Law Points
- Contempt of court
- compensation for public wrongs
- fundamental rights
- public law remedies
- right to health
