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
- 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
- Articles 21 and 32 (public law compensation; contempt/enforcement jurisdiction), Constitution of IndiaCompensation under Articles 32 and 226 for established infringement of Article 21 is a public law remedy based on strict liability for breach of the State's duty to protect fundamental rights (Nilabati Behera); the right to health is integral to the right to life, so the State's inordinate delay both breached the Court's order and compounded the violation of the victims' rights. Though coercive action would be justified, the Court prioritised relief and rehabilitation. (¶¶ 4, 5)
Held
- The compliance report shows that of 3,704 victims yet to be compensated, 102 are bedridden, 326 mentally disabled, 201 physically disabled and 119 afflicted with cancer; the Government of Kerala has done virtually nothing for five years, the delay is appalling and the inaction breaches the Court's orders. Disbursing Rs. 5 lakhs only to the eight petitioners who could move the Court has no logic or rationale. (¶¶ 2, 3)
- Most victims are from marginalised segments and many are in serious condition requiring urgent compensation; public law compensation penalises the wrongdoer and fixes liability on the State for failing in its duty to protect fundamental rights, and the State's inordinate delay not only fails to comply with the Court's order but further compounds the violation of the victims' fundamental rights, becoming more egregious each day. (¶ 4)
- The State has not disclosed what steps it took to provide medical treatment and rehabilitation as directed; the right to health is an integral part of the right to life under Article 21. Resort to the coercive arm of the law would be justified, but the immediate concern being relief, the Court directs payment of Rs. 50,000 costs to each of the eight petitioners within three weeks, monthly meetings by the Chief Secretary to identify victims and draw up a beneficiary list, disburse Rs. 5 lakhs to each and ensure medical facilities within reasonable distance of their residences, and a compliance affidavit before the next listing. (¶¶ 5, 6)
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.