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2016 DIGILAW 3166 (DEL)

Gauri Grover v. Government of NCT of Delhi

2016-08-17

G.ROHINI, SANGITA DHINGRA SEHGAL

body2016
ORDER : 1. Since the Petitioners in both the petitions, filed as Public Interest Litigation, sought to raise issues relating to prevention of dengue in Delhi and the medical facilities available to patients, they are heard together and decided by this common order. The petitioner in W.P.(C) No. 8917/2015 states that she had come across news articles wherein it was stated that a couple committed suicide after their seven years old son died of dengue because of callous attitude of hospitals in denying admission despite having vacant beds for the economically weaker sections. It is pleaded that in spite of the fact that 30% of beds in private hospitals in Delhi are earmarked for economically weaker section, the poor patients are denied admission. The Petitioner therefore seeks a mandamus to the Respondent Nos. 1 and 3 to take necessary steps to ensure that no hospital in Delhi refuses to admit dengue patients for treatment. The Petitioner also seeks a direction to the Delhi Police to register an FIR for abetment of suicide against the Directors of the respondents No. 4 to 9 hospitals. 2. In W.P.(C) No. 9006/2015, a direction has been sought to the Respondents, i.e. Govt. of NCT of Delhi, Municipal Corporations of Delhi as well as Union of India to declare dengue as an epidemic and to take immediate steps for preventing the outbreak in Delhi. It is alleged in the writ petition that the Respondents failed to take effective steps for controlling outbreak of dengue and that the apathy of the Respondents resulted in loss of precious human lives. Thus, it is also prayed by the petitioner that the officers/officials of the concerned departments should be held accountable in cases of death due to dengue. 3. A short affidavit has been filed on behalf of the Government of NCT of Delhi in W.P.(C) No. 8917/2015 stating that an inquiry in relation to the denial of admission and treatment by the hospitals mentioned in the petition has been initiated and is pending. The steps taken by the respondents for prevention of outbreak of dengue and to combat the increase in the number of such cases in the form of remedial measures, strategic initiatives, surveillance activities etc. have also been explained. The initiatives that have already been undertaken by them have been summarized as under: (i) Toll free Dengue helpline has been started (1031). have also been explained. The initiatives that have already been undertaken by them have been summarized as under: (i) Toll free Dengue helpline has been started (1031). (ii) Fever Clinics have started functioning in double shifts on all days including Sundays and holidays. (iii) Hospitals have been directed to increase surge capacity and well equipped additional manpower has been deputed for this purpose. (iv) Awareness programmes and house-wise awareness campaigns have been initiated to reach out to the public at large along with pictorial pamphlets with do's and don'ts. (v) Separate clinics along with exclusive testing centres for Dengue have been established. (vi) Dengue Death Review Committee has been constituted in order to review the deaths that have taken place due to the menace. (vii) Supervisors have been identified to control mosquito breeding in their respective premises. (viii) Various meetings have been held by the GNCTD to discuss strategy and propose better solutions to manage the crisis. (ix) Training programmes have also been initiated to better equip the volunteers, officers and supervisors to fight the rising cases of Dengue. (x) A Dengue Surveillance Committee has been directed to be formed for monitoring and controlling the breeding of mosquitoes and all hospitals have been directed to report all confirmed Dengue cases. (xi) All blood banks have been asked to organise more blood camps and directed to keep adequate amount of blood bags, logistics and screening kits and display the daily status of the stock of blood. (xii) Various funds have also been allocated to the Municipal Corporations for the Malaria and Dengue Control Programme. 4. The East Delhi Municipal Corporation and North Delhi Municipal Corporation filed detailed status reports in W.P.(C) No. 8917/2015 explaining the steps taken by them to implement the programme for prevention and control of Vector Born Diseases (VBC) such as dengue, malaria and chikungunya under the guidance of Directorate of NVBDCP, Ministry of Health and Family Welfare, Government of India. 5. An affidavit has also been filed on behalf of New Delhi Municipal Council/Respondent No. 5 stating that NDMC is sending regular inspection teams to various places to conduct inspection in regard to prevention and control of dengue and an integrated approach has been adopted for the said purpose by taking various steps like killing of agent, change of environment and protection of host (man). A detailed action taken report by the New Delhi Municipal Council has also been filed. 6. We have heard the learned Counsel for both the parties. Having perused the material available on record as well as the action taken reports filed by the Respondents, it appears to us that several measures stated to have been undertaken have not reached the public at large and the widespread disease has played a havoc in the lives of the inhabitants of Delhi. Dengue is one of the major public health challenges in Delhi especially during the Monsoon and the prevailing situation in relation to dengue, in our considered opinion, needs more effective steps to control the damage. 7. We therefore direct that all such measures mentioned by the respondents in their respective affidavits be implemented effectively in addition to the following directions: (i) The Government of India as well as Government of NCT of Delhi shall take effective steps to ensure that the dengue patients are not denied treatment/admission in any of the hospital (Government/Private) of Delhi. (ii) Steps be taken by the Government of India and the Government of NCT of Delhi to increase the strength of doctors, nurses, other staff by engaging retired personnel, if so required to meet the exigencies. Assistance of NGOs who are involved in such like activities may also be taken. (iii) Appropriate steps for periodical visits of the houses, more particularly those located in slum areas for prevention of breeding of mosquitoes by adopting the necessary anti-mosquito measures such as fogging operations and spray of insecticides shall be taken by the Municipal Corporations of Delhi and NDMC. (iv) The Government of India/GNCTD/Municipal Corporations of Delhi/NDMC shall conduct awareness campaigns and advertise through various modes viz. hoardings, television, newspapers, radio etc. to make the public aware of the life threatening disease and the preventive measures to be taken to control dengue cases in Delhi. Writ Petitions are accordingly disposed of.