The Bombay High Court disposed of a Public Interest Litigation (PIL) praying that Respondent authorities should grant financial aid to all victims of snake and scorpion bites in the State of Maharashtra without discrimination.
The PIL has been filed by one Vaibhav Padmakar Kulkarni.
Petitioner’s counsel Anurag R. Kulkarni submitted that the Government of Maharashtra is giving financial aid to the victims of snake/scorpion bites under Gopinath Munde Insurance Scheme only to farmers and their one blood relative. The petitioner is the secretary an organisation whose members are hobbyists who catch snakes and scorpions that enter human habitats.
The counsel submitted that there are many victims of snake bites who may not be farmers. On one hand, the State of Maharashtra is providing financial aid to the farmers and their family members who succumb on account of snake bite, at the same time persons like the petitioner who catch snakes/scorpion and get infected because of the same are not provided financial aid. The same is discriminatory and violative of Articles 14 and 21 of the Constitution of India.
The Counsel further submits that such aid is provided by the State of Madhya Pradesh under its 2018 policy. There is no reason for Maharashtra to not extend the benefit given to farmers on account of snake bite to other citizens who also risk their lives on account of snake bite. The State of Maharashtra cannot adopt double standards.
On the other hand, the state government argued that the financial aid is given for loss of human life or injury due to wild animals as per Government Resolution dated August 23, 2022. As per the said Government Resolution, human deaths caused due to bites of snake/scorpion are not listed for payment of financial assistance. The State Government through Animal Husbandry, Dairy Development and Fisheries Department under Government Resolution dated September 19, 2019 has taken a policy decision to compensate farmers and their family members against the risk of snake bite through insurance coverage of Rs 2,00,000 under the Gopinath Munde Farmers Insurance Scheme. The said benefit is extended only to land holding farmers and one member of the family.
The Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep V. Marne considered the submission and noted that to grant financial aid is a policy decision to be taken by the State Government under Article 162 of the Constitution of India.
The policy framed for granting financial aid to the farmer and family members of the farmer who succumbed to snake bite would form a different class. The farmers are the ones who are in the field. The separate provision is made for them. The purpose of taking within its fold the farmers who succumb to snake bite is that the farmers were already covered by the earlier Government Resolutions by which compensation is payable on account of the death or injury caused by wild animals. Considering the welfare of the farmers, the decision has been taken to extend the benefit of compensation even for snake bites, observed the Bench.
The Court said that it would be slow to give directions with regard to the fiscal policies of the State Government. Whether a particular scheme is to be applied to a particular group of persons is a policy decision that is to be undertaken by the Government. The State Government under its wisdom has considered farmers to form a different class than the other citizens and the benevolent scheme has been floated for the farmers.”
“It is for the State Government to consider the grievances put-forth by the Petitioner with regard to providing the compensation to the other persons who succumb due to snake bite. This Court would not direct the Government to make a policy in a particular manner as that would amount to encroaching upon the jurisdiction of the State Government conferred the Article 162 of the Constitution of India,” the order reads.