Division Bench of the Kerala High Court on Wednesday declined a plea to constitute a tribunal for identifying endosulfan victims in Kasaragod district and payment of compensation to them.
The Bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique while dismissing the plea observed that the constitution of a tribunal was no more relevant, since the government had already appointed a judicial commission and rejected a proposal of the commission to constitute a tribunal. However, the government had constituted multi-level committees for identification of victims and implementation relief and rehabilitation packages. The tribunal at this stage would be an additional burden on the exchequer.
The court also closed a few other writ petitions seeking proper implementation of the rehabilitations scheme by the district level committees.
The court observed that teething problems were inherent in the implementation of any scheme, especially when it deals with disasters of such magnitude.
Considerable development in the implementation of various measures had been made in the last couple of years and the government machinery had been put to use, effectively and efficiently in the identification of victims, their treatment and disbursal of compensation.
When such welfare measures were being implemented, it couldn’t be said that the welfare state should focus its entire energy on that one single disaster and should ignore all other members of the society who formed a part of the under-privileged class.
The court also declined a plea to make the list of persons identified for the loan waver scheme announced by the government for the victims and their families. The Bench said that no useful purpose would be served in making it public, but for casting a stigma on these persons.
The court expressed its hope that the government would go ahead with implementation of the decisions taken for the rehabilitation of the victims, keeping in mind the concerns of the victims.
The court also made it clear that any complaints regarding the defects in the implementation of rehabilitation schemes should be placed before the district collector.
HC says the tribunal is not relevant since there is a judicial commission.
