'Tragedy Affects Generations': Plea In Kerala HC Opposes State's Decision To Not Treat Those Born After October 2011 As Endosulfan Victims

A plea has been filed before the Kerala High Court challenging a Government Order classifying 'exposed victims' of Endosulfan by fixing a cutoff date till October 2011. This means, those born after the cut-off date will not qualify for schemes and compensation for the benefit of Endosulfan victims.

The Confederation of Endosulfan Victim's Rights Collective (CERVE) contends that Endosulfan is genotoxic and affects many generations. Thus, setting a cut-off date "without any scientific basis" is arbitrary. The Plea thus challenges restrictive conditions in the impugned government order that hinder victim identification and support and affect the rights of the victims born after the cut-off date who have suffered health impacts by living with exposure to Endosulfan.

The Division Bench comprising Justice P B Suresh Kumar and Justice Johnson John today observed orally that, “something more has to be done” and posted the matter for hearing after two weeks.

The plea was moved by CERVE, an organization that works as a supporting organization for providing palliative care, rehabilitation, special education schools, health initiatives and legal initiatives for victims of Endosulfan. The Endosulfan poisoning in 15 villages of the Kasaragod district was caused by prolonged aerial spraying of the pesticide in cashew plantations.

The Kerala government, based on the advice of an Expert Committee, said that the effects of Endosulfan last for a maximum of 6 years. Since the pesticide was banned in 2005, the Kerala government said those born after October 2011 will not be considered "exposed".

Clause 1 of the impugned government order passed read thus- “Though the environmental persistence of Endosulfan varied….the maximum possible duration was given as 6 years. Considering the ban imposed through state government through gazette notification on 25.10.2005, the maximum possible environmental persistence will be up to 25.10.2011. so anyone who lived in these places or had exposure from Jan 1980 till October 2011 is defined as exposed.”

It stated that the National Human Rights Commission (NHRC) initiated the suo moto case in 2001 and reported on severe health impacts on victims. Based on the direction of the NHRC, the National Institute of Occupational Health (NIOH) submitted various recommendations to the central government and state government for helping the victims.

Alleging a lack of positive action from the government, a writ petition was filed before the Apex Court. The Apex Court had analyzed the matter in detail and directed the state government to disperse a compensation amount of rupees five lakhs to the victims.

Due to the inaction of the government, a contempt case was filed which was also disposed of by the Apex Court. In the contempt case, the Apex Court had expressed displeasure on the inaction on the part of the state government and directed them to pay interim compensation without delay. The Apex Court had also passed several orders for payment of compensation and medical treatments to the victims.

The plea stated that the government order is also contrary to the findings of the Apex Court and the NHRC.