Source: thehindu.com<\/p>\n\n\n\n
The Supreme Court has ordered the Kerala\u00a0government to pay \u20b95 lakh compensation\u00a0to four minors affected by the\u00a0toxic pesticide Endosulfan\u00a0in the State within two months.<\/p>\n\n\n\n
If the victims are not paid the money within the period, they are at liberty to revive the contempt action against the\u00a0Kerala\u00a0<\/strong>government, the court said.<\/p>\n\n\n\n The order came on a\u00a0contempt petition\u00a0filed by the four children \u2014 Archana, Afsal, Nisha and M. Badhavi \u2014 through their natural guardians. Represented by advocates Kaleeswaram Raj and Suvidutt M.S., the children had challenged the non-disbursement of the \u20b95 lakh by the Kerala government to Endosulfan victims in violation of an order passed by the Supreme Court on January 10, 2017.<\/p>\n\n\n\n \u201cThousands of children [have] already lost their lives due to the non-availability of proper medical care. The economic backwardness of the area prevents persons like the petitioners from giving proper care to their children on time,\u201d the contempt petition, which had arraigned State Chief Secretary K.M. Abraham, said.<\/p>\n\n\n\n The victims said even a list prepared by the State government of victims entitled to the compensation comes to around 6,000 persons. They had contended that there were several or numerous other victims, who had not been included in this list and were unable to pay for medical care.<\/p>\n\n\n\n The petition said unnamed, forgotten victims continue to live in dire straits despite the\u00a0Supreme Court order of January 2017, which had specifically directed the State government \u201cto release the entire undisbursed payment of compensation, quantified as \u20b95 lakhs each, to all the affected persons, within three months from today\u201d.<\/p>\n\n\n\n The State cannot limit disbursement of the amount only to the persons included in the list maintained by it, the petition had argued.<\/p>\n\n\n\n In January, the Kerala government had claimed it earmarked over \u20b9180 crore for payment of compensation to victims, some of whom were terminally-ill from the effects of the pesticide, which was aerially sprayed on cashew plantations adjoining habitations where the victims were located.<\/p>\n\n\n\n Responding to the contempt petition by the four children, the State through Mr. Abraham, said the four victims were classified in the ‘Other’ category list and not eligible for \u20b95 lakh compensation. The State also gave details of the monthly pension and other amounts spent on their treatment.<\/p>\n\n\n\n A Bench of Justices D.Y. Chandrachud and Indira Banerjee on July 3, however, found \u201cno reason and justification for the Government of Kerala to categorise these four individuals in the \u2018Other\u2019 category and to deny them payment of compensation\u201d.<\/p>\n\n\n\n The court referred to its January 2017 order which had directed the State to \u201ctake into consideration the feasibility of providing medical facilities\/treatment for life-long health issues, arising out of the effects of Endosulfan, keeping in mind, that there seems to be a large number of such affected persons\u201d.Thousands affected<\/h4>\n\n\n\n
In dire straits<\/h4>\n\n\n\n
Not eligible: State<\/h4>\n\n\n\n
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