A contempt plea by four minors raised non-compliance with the January 2017 order.

The Supreme Court has ordered the Kerala government to pay ₹5 lakh compensation to four minors affected by the toxic pesticide Endosulfan in the State within two months.

If the victims are not paid the money within the period, they are at liberty to revive the contempt action against the Kerala government, the court said.

Thousands affected

The order came on a contempt petition filed by the four children — Archana, Afsal, Nisha and M. Badhavi — through their natural guardians. Represented by advocates Kaleeswaram Raj and Suvidutt M.S., the children had challenged the non-disbursement of the ₹5 lakh by the Kerala government to Endosulfan victims in violation of an order passed by the Supreme Court on January 10, 2017.

“Thousands 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,” the contempt petition, which had arraigned State Chief Secretary K.M. Abraham, said.

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.

In dire straits

The petition said unnamed, forgotten victims continue to live in dire straits despite the Supreme Court order of January 2017, which had specifically directed the State government “to release the entire undisbursed payment of compensation, quantified as ₹5 lakhs each, to all the affected persons, within three months from today”.

The State cannot limit disbursement of the amount only to the persons included in the list maintained by it, the petition had argued.

In January, the Kerala government had claimed it earmarked over ₹180 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.

Not eligible: State

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 ₹5 lakh compensation. The State also gave details of the monthly pension and other amounts spent on their treatment.

A Bench of Justices D.Y. Chandrachud and Indira Banerjee on July 3, however, found “no reason and justification for the Government of Kerala to categorise these four individuals in the ‘Other’ category and to deny them payment of compensation”.

The court referred to its January 2017 order which had directed the State to “take 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”.