The Bombay High Court disposed of the PIL without issuing any direction to the state government for considering the persons like the Petitioner under Gopinath Mundhe Insurance Scheme. A division bench of this Court comprising Hon’ble Justice Sunil B. Shukre and M.W. Chandwani held that the State Government, under its wisdom, has considered farmers to form a different class than the other citizens, which is not discriminatory and violative of Articles 14 and 21 of the Constitution of India.
Brief Facts:
The PIL was filed with a prayer that Respondent Nos.2 and 3 should grant financial aid to all victims of snake and scorpion bites who are residing in the State of Maharashtra without discrimination.
Contentions of the Petitioner:
The learned Counsel for the Petitioner submitted that the Government of Maharashtra is giving financial aid to the victims of snake/scorpion bites under Gopinath Mundhe Insurance Scheme only to farmers and their one blood relative whose name appears in the 7/12 extract. The Counsel contended that the scheme is discriminatory and violative of Articles 14 and 21 of the Constitution of India as it left behind the persons like the Petitioner who caught the snakes/scorpion and got infected. He further submitted that there is no reason for the State of Maharashtra for not extending the benefit given to the farmers because of snake bites to the other citizens who also risk their lives because of snake bites.
Contentions of the Respondent:
The learned Counsel for the Respondent submitted that financial aid is given for loss of human life or injury due to wild animals as per Government Resolution dated 23rd August 2022. As per the said Government Resolution, human deaths caused due to the bite of a 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 19th September 2019, has decided to compensate the 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.
Observations of the Court:
This Court observed that the policy framed for granting financial aid to the farmer and family members of the farmer who succumb on account of the snake bite forms a totally different class. The purpose of taking within its fold the farmers who succumb to snake bites is that they were already covered by the earlier Government Resolutions by which compensation is payable on account of the death or injury caused by wild animals.
The view of the Court was that 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 a benevolent scheme has been floated for the farmers. In such a scenario, it is for the State Government to consider the grievances put forth by the Petitioner regarding providing compensation to the other persons who succumb due to snake bite. This Court denied directing 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 decision of the Court:
The Bombay High Court disposed of the PIL and denied issuing any direction to the government to change its policy.
Case Title: Vaibhav Padmakar Kulkarni v. State of Maharashtra & Ors.
Coram: Hon’ble Justice Sunil B. Shukre and M.W. Chandwani
Case no.: PUBLIC INTEREST LITIGATION NO.107 OF 2022
Advocate for the Petitioner: Mr. R. S. Datar
Advocate for the Respondents: Mr. A. S. Rao and Ms M. P. Thakur
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