The Supreme Court has directed the Kerala Government to pay compensation of Rupees five lakhs each to four children, who are victims of Endosulfan.
The bench comprising Justice DY Chandrachud and Justice Indira Banerjee ordered thus in a contempt petition filed by four children viz. Archana, Afsal, Nisha and Vijayalakshmi who alleged that the compensation of Rupees five lakhs were not paid as directed by the Supreme Court in its order passed in January 2017.
On a petition filed by the Democratic Youth Federation of India (DYFI), the Supreme Court had, in January 2017, directed the Kerala government to release Rs.5 lakh each as compensation to all Endosulfan victims, within three months.
Chief Secretary of the Government of Kerala, in his affidavit, informed the court that these four children are categorized in 'Other' category, and are not thus eligible for National Human Rights Commission recommended financial compensation.
We see no reason and justification for the Government of Kerala to categorize these four individuals in the 'Other' category and to deny them payment of compensation, said the bench. The Court, referring to the contents of the affidavit, further said:
"The above extract from the affidavit leaves no manner of doubt that each of the four individuals falls in the category of affected individuals. The fact that they are undergoing treatment, as a result of being affected by Endosulfan, is a clear indicator of the fact that they are entitled to the release of compensation in terms of the directions which were issued by this Court on 10 January 2017, while disposing of the writ petition"
The Court closed the contempt petition with a direction that the compensation shall be released to the natural guardians of the four minors within a period of two months.
Advocates Kaleeswaram Raj, Romsha Raj, and Suvidutt M.S represented the petitioners in the Court.
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