The entitlement of affected individuals to compensation as per court orders and the government's obligation to comply with court directives.

ORDER

1. The contempt proceedings have been initiated for non-payment of the compensation of Rupees five lakhs in pursuance of the order of this Court dated 10 January 2017 to four affected individuals, viz., Kumari Archana, Master Afsal, Ms Nisha and Kum Vijayalakshmi.

2. The Chief Secretary of the Government of Kerala has filed an affidavit specifically dealing with the factual position in relation to the aforesaid four individuals. The relevant part of the affidavit is extracted below:

“6. The status of the specific cases pointed out by the petitioner are as follows:

a) Remya P (Mother of Kumari Archana): Kumari Archana is a native of Pullur Periye Grama Panchayath and is included in the Endosulfan Victims List with O.P. No.59717. She attended speciality medical camp in 2013. The expert medical panel which recategorized the list has included Kum. Archana in ‘Other’ category, which is not eligible for National Human Rights Commission recommended financial compensation. Kumari Archana is undergoing free treatment under the rehabilitation project at Sreechithra Institute of Medical Sciences, Thiruvananthapuram. Smt. Remya has also been paid a monthly pension of Rs 1200 and already a total amount of Rs 40,400 is paid in this regard.

b) Jameela M.P. (Mother of Master Afsal): Master Afsal is a native of PullurPeriye grama Panchayath and is included in the Endosulfan Victims List with O.P. No.4542. He attended speciality medical camp in 2010. The expert medical panel which categorized the list has included Master Afsal in ‘Other’ category, which is not eligible for National Human Rights Commission recommended compensation. Master Afsal has been given free treatment since 2011. He is taking growth hormone injection every month from 2011 to February 2016. The cost per injection is Rs 16000. However, it is provided free of cost to him under the scheme. Under the Endosulfan Victims free treatment scheme, the State Government has already spent Rs.8,96,000/- for Master Afsal. The State Government is also providing other medicines through Community Health Centre, Periye, Kasaragod. Master Afsal is also paid a monthly pension of Rs.1200 and till date he has been paid Rs.1,00,400 under the pension scheme. He was also paid a one time education scholarship of Rs.3000/-.

c) Smt. Sisily (Mother of Ms. Nisha): Ms Nisha is a native of Kodom Belur Grama Panchayath and is included in the Endosulfan Victims List with O.P. No.5283. She attended speciality medical camp in 2010. The expert medical panel which recategorized the list has included Ms. Nisha in ‘Other’ category, which is not eligible for National Human Rights Commission recommended compensation. The State Government has been giving free treatment to Kum. Nisha at Pariyaram Medical College. Medicines are disbursed every month from Community Health Centre, Panathady, Kasaragod. The Cost of medicines from 2012 to 2017 is rs.8981/-. Ms. Nisha receives Rs.1700 per month as pension to Endosulfan victims and so far she has received a total amount of rs.1,41,400 in this regard.

d) Smt. M. Badhavi (Mother of Kum. Vijayalakshmi): Kum. Vijayalakshmi is a native of Muliyar Grame Panchayath and is included in the Endosulfan Victims List with PID No.1978/2. She attended speciality medical camp in 2010. The expert medical panel which recategorised the list has included Kum. Vijayalakshmi in ‘Other’ category, which is not eligible for National Human Rights Commission recommended compensation. Under the Endosulfan Victims relief scheme, Kum. Vijayalakshmi is provided with home based physiotherapy service. Free medicines are provided through Community Health Centre, Muliyar, Kasaragod. Since 2012 the State Government has spent Rs.65658/- to supply medicines to her. Kumari Vijaylekshmi has been paid a monthly pension of Rs.2200 under the Endosulfan scheme and a total amount of Rs.1,82,400 is disbursed to her till date.”

3. The above extract from the affidavit leaves no manner of doubt that each of the four individu