The Supreme Court today issued notice to State of Kerala in a contempt petition filed by victims of the insecticide, Endosulfan..A Bench of Chief Justice of India, Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice to the Kerala government..In the petition drawn by advocates Kaleeswaram Raj, Thulasi K Raj and Aruna A and filed through advocate Suvidutt MS, the petitioners have questioned the inaction of the State government as regards disbursement of Rs.5 lakh as compensation to the victims despite an order by the Supreme Court..Use of Endosulfan, an insecticide, in Cashew plantations, had caused grievous health problems for the residents of parts of Kasargode district in Kerala. The petitioner’s children were also among those affected..The Kerala government had passed a Government Order (GO) in December 2012 setting out the compensation to be given to victims of Endosulfan. It is the petitioner’s contention that said GO has not been implemented till date..“…till date, the said G.O. is not implemented by the Government of Kerala completely. The petitioners and several other persons who are entitled to get Rs. 5 Lakhs as promised by the State of Kerala are yet to receive the said amount, it is pertinent to note that it was only due to the aerial use of endosulfan that the physical and mental health of the petitioner’s children are affected badly and they are severally ill. The petitioners had to spend a huge amount of money for the treatment of their children. They are having huge amounts of debt already.”.The petition also points out the fact that the State government has refused to supply a list of the victims who are entitled to get Rs. 5 lakh..“State of Kerala has already prepared a list of endosulfan victims who are entitled to get Rs. 5 lakhs as promised in Ext. P6. The petitioners are not furnished with the copy of the said list. The respondent has refused to publish the copy of the list of victims, stating that publishing the same would cause infringement of the right to privacy of the endosulfan victims. The total number of persons included in the said list would come to around 6000. There are very many persons who are entitled to be included in the list , but not included in the list. The State Government has given different numbers, when enquired about the number of victims who are entitled to get Rs. 5 lakhs, at various point of time.”.The petition then goes on to cite the Supreme Court order of January 10, 2017 as per which the Court had directed the State Government “to release the entire undisbursed payment of compensation, quantified as Rs.5 lakhs each, to all the affected persons, within three months”.“It is submitted that the State of Kerala has already prepared a list of victims/persons affected by Endosulfan. The said list is not exhaustive. The State Government has to release Rs. 5 lakhs each to all affected persons. It cannot limit disbursement of the amount only to the persons included in the present list maintained by the Government of Kerala. The children of the petitioners are Endosulfan victims, but till date the petitioners have not received Rs.5 lakhs as directed by this Hon’ble Court in its order dated 10.1.2017.”.The petitioner has, therefore, contended that it is willful disobedience of the Supreme Court’s order of January 10, 2017 and amounts to contempt of court..“It would appear that despite the clear directions in the order dated 10.1.2017 in W.P(C)No.213/2011 by this Hon’ble Court the State Government has, quite wilfully, taken no steps to disburse Rs.5 lakhs to the petitioners and other victims who already find a place in the list prepared by the State of Kerala. The conduct of respondents herein shows willful disobedience of the directions of this Hon’ble Court by not disbursing Rs. 5 lakhs to the petitioners as well as to the family of other Endosulphan victims in the State of Kerala and thereby showing disrespect of the directions of this Hon’ble Court on 10.1.2017 in W.P (C) No.213/ 2011 is nothing but the contempt of the order passed by this Hon’ble Court and a civil contempt within the meaning of Section 2(b) of the Contempt of Court Act, 1971.”.The Court proceeded to issues notice to Kerala government..Read the petition below..Image taken from here.
The Supreme Court today issued notice to State of Kerala in a contempt petition filed by victims of the insecticide, Endosulfan..A Bench of Chief Justice of India, Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice to the Kerala government..In the petition drawn by advocates Kaleeswaram Raj, Thulasi K Raj and Aruna A and filed through advocate Suvidutt MS, the petitioners have questioned the inaction of the State government as regards disbursement of Rs.5 lakh as compensation to the victims despite an order by the Supreme Court..Use of Endosulfan, an insecticide, in Cashew plantations, had caused grievous health problems for the residents of parts of Kasargode district in Kerala. The petitioner’s children were also among those affected..The Kerala government had passed a Government Order (GO) in December 2012 setting out the compensation to be given to victims of Endosulfan. It is the petitioner’s contention that said GO has not been implemented till date..“…till date, the said G.O. is not implemented by the Government of Kerala completely. The petitioners and several other persons who are entitled to get Rs. 5 Lakhs as promised by the State of Kerala are yet to receive the said amount, it is pertinent to note that it was only due to the aerial use of endosulfan that the physical and mental health of the petitioner’s children are affected badly and they are severally ill. The petitioners had to spend a huge amount of money for the treatment of their children. They are having huge amounts of debt already.”.The petition also points out the fact that the State government has refused to supply a list of the victims who are entitled to get Rs. 5 lakh..“State of Kerala has already prepared a list of endosulfan victims who are entitled to get Rs. 5 lakhs as promised in Ext. P6. The petitioners are not furnished with the copy of the said list. The respondent has refused to publish the copy of the list of victims, stating that publishing the same would cause infringement of the right to privacy of the endosulfan victims. The total number of persons included in the said list would come to around 6000. There are very many persons who are entitled to be included in the list , but not included in the list. The State Government has given different numbers, when enquired about the number of victims who are entitled to get Rs. 5 lakhs, at various point of time.”.The petition then goes on to cite the Supreme Court order of January 10, 2017 as per which the Court had directed the State Government “to release the entire undisbursed payment of compensation, quantified as Rs.5 lakhs each, to all the affected persons, within three months”.“It is submitted that the State of Kerala has already prepared a list of victims/persons affected by Endosulfan. The said list is not exhaustive. The State Government has to release Rs. 5 lakhs each to all affected persons. It cannot limit disbursement of the amount only to the persons included in the present list maintained by the Government of Kerala. The children of the petitioners are Endosulfan victims, but till date the petitioners have not received Rs.5 lakhs as directed by this Hon’ble Court in its order dated 10.1.2017.”.The petitioner has, therefore, contended that it is willful disobedience of the Supreme Court’s order of January 10, 2017 and amounts to contempt of court..“It would appear that despite the clear directions in the order dated 10.1.2017 in W.P(C)No.213/2011 by this Hon’ble Court the State Government has, quite wilfully, taken no steps to disburse Rs.5 lakhs to the petitioners and other victims who already find a place in the list prepared by the State of Kerala. The conduct of respondents herein shows willful disobedience of the directions of this Hon’ble Court by not disbursing Rs. 5 lakhs to the petitioners as well as to the family of other Endosulphan victims in the State of Kerala and thereby showing disrespect of the directions of this Hon’ble Court on 10.1.2017 in W.P (C) No.213/ 2011 is nothing but the contempt of the order passed by this Hon’ble Court and a civil contempt within the meaning of Section 2(b) of the Contempt of Court Act, 1971.”.The Court proceeded to issues notice to Kerala government..Read the petition below..Image taken from here.
