SC criticizes the inaction of the Kerala government on the Endosulfan case.
The Supreme Court on Tuesday directed the Kerala government to compensate the victims which are over 5,000 in number, in three months by making a payment of Rs, 500 Crore. The Supreme Court bench headed by Chief Justice JS Khehar said to the state government, that government can also approach the centre, state corporation in Kerala and other authorities to complete the amount of compensation which has to be paid to the victims. The Supreme Court not only directed to compensate the victims but also asked the government to set up a medical facility to provide medical facilities to the victims. The whole case arose due to the use of Endosulfan pesticide. The production and its distribution were restricted by the Hon’ble Supreme Court in 2011 due to their bad effects on the health of the individuals in the spreading circle. It was generally used on the crops like cashew, cotton, tea, paddy, fruits and others until it was banned by SC.
It causes neurotoxicity, late sexual maturity, physical deformities, poisoning etc. various Acts such as “The Insecticides Act of 1968” restricted the use of Endosulfan, “The Stockholm Convention” has declared it a persistent organic pollutant and about 73 countries have banned the use of Endosulfan. In early 1976, a resident of Kasaragod’s Padre village, reported the use of aerial spraying of Endosulfan in the cashew plantation, and its effect was reported a year later, as the deformed limbs of newly born calves, and severe disorders were also noticed in a huge number of people aged below 25 years. And also various parts of the country noticed the symptoms of the same disorder, like animals giving birth to their offspring having deformities. And those days also noticed the death of monkeys, reptiles and thousands of butterflies.
The effect of using Endosulfan made the government take steps to restrict its use, and in process of it, the Kerala government banned the use of endosulfan in 2005. But still, it was being used in the neighbouring states. The trouble knocked at the global level due to the use of endosulfan in 2011, the seventh meeting of the Stockholm Convention on President organic Pollutants placed a global ban on the manufacture and use of Endosulfan. And in the same year, Supreme Court also banned the manufacturing and distribution of the endosulfan. The judgement of 2017 SC ordered the state, to find out the victims, set up medical facilities to deal with the health issues due to the pesticide, and pay a total sum of Rs 5,00,000 to each of the victims in three months.
SC fixed a time of three months to compensate the victims because it's about 5 years to go, of the last judgement of the SC and till now only 8 of the whole victims have been compensated this year in April. A contempt petition has been filed, for the implementation of the judgement of 2017 directing the payment of Rs 5 lakh compensation, given by the Supreme Court, by the eight victims. A bench of Justice D.Y. Chandrachud and Surya Kant was hearing the same contempt petition. The bench said that “it was a breach of the orders of the court.” The bench also stated, “Kerala government disrespected the orders of the SC. 5 years have passed and till now a large number of victims have not been compensated. Most of the victims are from marginalized sections of the society who are in wretched condition and they require immediate compensation.”
Tags : #endosulfan #supremecourt #highcourt #kerala #justice #deformity #compensation # petition #contempt #ban #pesticide #healthissue