Baiju K.G. et al. Contre Dr. V. P. Joy

Reference :

CONMT.PET.(C) No. 244/2021 in W.P.(C) No. 213/2011

Complaint date :

No description

Status :

Final judgment

Place of jurisdiction :

India, New Delhi

Plaintiffs types :

Individuals

Plaintiffs names :

Baiju K.G. et al.

Defendants :

Chief Secretary to the Government of Kerala

Lawyers for Health and Environmental Justice :

P.N. Raveendran, P.S. Sudheer, Anne Mathew, Bharat Sood, Shruti Jose, Kamal Kant, Rishi Maheshwari

Case nature :

Civil court

Specificities :

Contempt petition

Type(s), Product(s), Active substance(s) :

Endosulfan, , Organochlorine

Requests :

To compensate the victims of endolsulfan poisoning in Kasaragod district, Kerala state, southern India.

Name of the Court :

Supreme Court of New Delhi, India

Jurisdiction level :

No description

Decision date :

August 18, 2022

Decision nature :

Positive

Decision content :

No description

Legal basis :

Court Ruling :

Link to the ruling

Summary :

In a judgment dated May 13, 2022, the Supreme Court granted the contempt petition filed against the Chief Secretary to the Government of Kerala by eight petitioners for not compensating them for their damages, despite the decision No. 213/2011 issued on January 10, 2017 by the said Court ordering the State of Kerala to pay within three months ₹5 lakh to all victims of endosulfan poisoning in Kasaragod district.

The Court said that the State's inaction was dismaying and recalled that the right to health was an integral part of the right to life under Article 21 of the Indian Constitution. It therefore enjoined the state to act for the care of all victims of endosulfan exposure, noting that:
- The Chief Secretary shall hold monthly meetings to ensure that the judgment of this Court dated January 10, 2017, is diligently implemented by undertaking the process of (a) identifying the victims of Endosulfan and preparing a list of beneficiaries; (b) ensuring payment of compensation of Rs. 5 lakhs to each of the victims; and (c) taking steps to ensure adequate medical facilities at a reasonable distance from their places of residence, in accordance with the previous directions of this Court.
- An affidavit shall be filed with the Court stating the progress made between the date of this order and the next listing date.
- The eight petitioners who have revived these proceedings, shall be paid Rs. 50,000 within three weeks from the date of this order, as compensation for the costs of the proceedings incurred.

In a judgment dated August 18, 2022, the Supreme Court has ordered the Kasargod District Legal Services Authority in Kerala to inspect the medical and health facilities available for the endosulfan affected areas at various levels to enable the Court to have an objective and comprehensive assessment of the situation on the ground. The Authority was to submit a report covering existing health care facilities and facilities for palliative care and physiotherapy. The report was to be submitted within six weeks and the Court was to hear the matter on October 21, 2022.

Scientific references :

No scientifice reference for this case.