VidhiSangh

Supreme Court of India · 13/05/2022

BAIJU K G & ORS versus DR V P JOY

[2022] 3 S.C.R. 569 · 2022 INSC 575

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Summary

Residents of Kasaragod, Kerala, affected by the pesticide Endosulfan moved contempt proceedings alleging non-compliance with the Supreme Court's order of 10.01.2017 directing Rs. 5 lakhs to each affected person within three months and consideration of life-long medical facilities. The Chief Secretary's report of 09.05.2022 showed compensation unpaid to 3,704 victims, that only the eight petitioners had been paid. The Court held the State had done virtually nothing for five years, that paying only those able to approach the Court was irrational, and that the delay compounded the violation of the victims' rights under Article 21, which includes the right to health; it awarded the eight petitioners Rs. 50,000 each as costs and directed monthly meetings by the Chief Secretary to identify victims, disburse compensation and provide medical facilities.

Issues

  1. Whether the State of Kerala's failure for over five years to pay the compensation of Rs. 5 lakhs to each Endosulfan victim and to provide medical facilities, as directed on 10.01.2017, warrants coercive or remedial directions in contempt jurisdiction, and what directions are appropriate to secure relief and rehabilitation for the victims.

Provisions considered

Held

Result

Directions issued in Contempt Petition (C) No. 244 of 2021: the State of Kerala to pay costs of Rs. 50,000 to each of the eight petitioners within three weeks; the Chief Secretary to hold monthly meetings to implement the judgment of 10.01.2017 by identifying Endosulfan victims, disbursing Rs. 5 lakhs to each and ensuring medical facilities near their residences; compliance affidavit to be filed; matter listed on 18.07.2022.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 569.