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2018 DIGILAW 725 (MAD)

K. K. Ramesh v. Union of India, rep. by Principal Secretary, Ministry of Health, New Delhi

2018-02-23

M.SATHYANARAYANAN, R.HEMALATHA

body2018
JUDGMENT : M. Sathyanarayanan, J. 1. By consent, the writ petition itself is taken up for final disposal. 2. Mr.P.Paulpandi, learned standing counsel appeared for the respondents 1 & 2. Mr.B.Pugalendhi, learned Additional Advocate General, assisted by Mr.A.K.Baskara Pandian, appeared for the respondents 3 & 4. 3. The petitioner, appearing as a party-in-person, would submit that “dengue” a flavivirus and “chikungunya” an alphavirus, transmitted by Adies Mosquitoes, are a cause of great concern to public health in India. Every year, thousands and thousands of individuals are affected due to serious ailments and illness, on account of mosquitoes bites and very recently, there was an outbreak of dengue and very many people lost their lives. 4. The petitioner would further add that no effective vaccine has been found out to treat the dengue fever and detection of the same is also a very costly affair, which the people hailing from poor and downtrodden cannot afford. The petitioner would submit that the residents of the villages near Thirumangalam Taluk, Madurai District also affected on account of dengue outbreak and very many persons also died and despite such serious problem, the concern Government entities have failed to take any action whatsoever to control and abate the said disease. In this regard, the petitioner has also submitted a detailed representation, dated 28.09.2017, to the respondents drawing their attention to the problem and also non-taking of effective measures to control mosquitoes breeding and to prevent spreading of the said disease. In-spite of receipt of an acknowledgment, no response is forthcoming and therefore, he constrained to approach this Court by filing this writ petition as a Public Interest Litigation. 5. The petitioner / party-in-person has drawn the attention of this Court to the brochures and would submit that the entities of the Government is under statutory as well as under moral obligation to provide good health, hygiene and sanitary care to the residents of the locality and the fact remains that the blockages of drainage water are not cleaned regularly and no public awareness has also been induced to educate the public about evils of not keeping the environment in hygienic and sanitary conditions, and no preventive measures are also taken to prevent the outbreak of such disease and as a result, common people are affected and some of the families had lost their breadwinners also. Therefore, it is high time that the concern Government entities have to draw something useful to prevent the outbreak of such diseases and also to chart out programmes for treating the said disease. Thus, he prays for appropriate orders. 6. Per contra, learned Additional Advocate General has invited the attention of this Court to the counter and additional counter affidavits filed on behalf of the 4th respondent as well as the counter affidavit filed by the respondents 2 and 5, and would submit that all effective and appropriate mechanism are put in place to prevent and control the said disease and the duty is also cast upon the citizen to maintain their surrounding areas in a clean, hygiene and sanitary manner and unfortunately, the people are yet to be adopted the said kind of practice, despite very many programmes are aired in the visual media as well as by way of publicity materials to educate them about the same. It is further submitted by the learned Additional Advocate General that a particular type of mosquitoes breeds even from a very small quantity of clean and portable water, and therefore, the concern residents have to see that the fresh or clean or even a small content of water is not stagnated, so that breeding of the said mosquitoes can be prevented. 7. This Court considered the rival submissions and also perused the materials placed before it. 8. A perusal of the counter and additional counter affidavit filed by the 4th respondent viz., the Principal Secretary, Department of Health and Family Welfare, Chennai would disclose that multifarious prevention control measures, such as Disease Surveillance, Early Diagnosis and Creation of More Diagnostic Centres, Exclusive 24 x 7 hours Fever Clinics and Fever Wards in all Government Hospitals, Prompt Case Management including early referral, intensive Vector Control Measures, Inter departmental Co-ordination and Co-operation, Training to Doctors for Dengue Management, etc., are being provided and over all monitoring is also done. Efforts have also been taken to diagnose the said disease early, followed by prompt case management, and appropriate and adequate trainings are also given to the concern staff and the public have also educated as to the maintenance of the surrounding places in a clean and hygienic manner. 9. Efforts have also been taken to diagnose the said disease early, followed by prompt case management, and appropriate and adequate trainings are also given to the concern staff and the public have also educated as to the maintenance of the surrounding places in a clean and hygienic manner. 9. The Director of the Public Health and Preventive Medicine, Chennai, has also filed “Action Taken Report” on behalf of the 3rd and 4th respondents and in Page No.8, he has given the list of efforts taken at the top level to prevent and control the said disease. It is also relevant to extract the following : “Other Activities: • Monitoring of chlorination and periodical repairs of pipeline leakages are ensured for safe drinking water by local bodies. • Fish hatcheries are maintained in all the Health Unit Districts. Larvivorous fishes like Gambusia affinis are released in larger cement tanks in Ramanathapuram, Thoothukudi and Kanyakumari Districts and also in other Districts. • 24 hours Control Room is functioning in the Directorate of Public Health and Preventive Medicine to monitor the fever situation based on the news from all the channels. Public can get the necessary information from this control room by dialing to 044-24350496, 044-24334811 and Mobile No.9444340496. Public can also get assistance through the 24 hours 104 Health Helpline. • All the field staff in the public health department are given training continuously on surveillance & control measures. • Serotyping of Dengue virus is done at King Institute of Preventive Medicine and Research, Guindy by analyzing the dengue positive (Elisa NS1) samples collected from Sentinel Surveillance Hospitals of various HUDs for mapping the serotype prevalent in Tamil Nadu. • Sufficient quantity of Temephos and Pyrethrum are made available in all points such as PHC level, Block level, Town Panchayat Levl, Municipal level and Corporation Level. • Orientation of Standard Treatment Protocol/Guidelines for diagnosis and treatment of Vector Borne and other communicable diseases to all the Medical Practitioners / Diagnostic Laboratories both in Government/Private are conducted periodically by experts from medical colleges and public health department. • Periodical Inspection of Diagnostic Laboratories both Government and Private are conducted to ensure Standard Diagnostic procedures are followed for confirmation of positive cases of Vector Borne and other communicable diseases. • Reporting of Vector Borne and other communicable diseases by private medical institutions has been made mandatory.” 10. • Periodical Inspection of Diagnostic Laboratories both Government and Private are conducted to ensure Standard Diagnostic procedures are followed for confirmation of positive cases of Vector Borne and other communicable diseases. • Reporting of Vector Borne and other communicable diseases by private medical institutions has been made mandatory.” 10. The 5th respondent has also filed counter affidavit as to the apprehension expressed by the petitioner as to the closure of ICMR – Centre for Research in Medical Entomology, Madurai. It is pointed out that as per the decision of the Indian Council of Medical Research (ICMR), ICMR – CRME, Madurai will be merged with ICMR-VCRC, Pondicherry and ICMRCRME will continue to exist as a field station of ICMR-VCRC in Madurai. It is to be noted, at this juncture, the decision appears to be a policy decision and this Court is having very limited role to play in interfering with the policy matter and it is for the Government of Tamil Nadu to take appropriate steps, in this regard. 11. A perusal of the counter affidavits filed by the Secretary to Government of Tamil Nadu, Department of Health and Family Welfare, Chennai as well as Director of Public Health and Preventive Medicine, Chennai, would disclose that appropriate and effective steps have been taken to prevent the breeding of the said type of mosquitoes and also to prevent outbreak of the said disease. It is also brought to the knowledge of this Court that though, as on date, no allopathy medicine is found to prevent the said disease, effective disease management is available in siddha form of medicine and the Government is also provided free of cost the concern siddha medicine to prevent the onset and outbreak of the said disease. It is also the submission of the learned Additional Advocate General that there are 125 hospitals are provided with “Elisa” test facility to detect the said disease and further steps have taken to put in place necessary mechanism as to testing of the blood samples to detect the onset of the said disease. 12. This Court is of the view that it is not only the duty of the State to provide good, proper and sound health care to the citizens, but it is also the duty of the citizens to protect the environment and keep the environment in hygienic and sanitary manner. 12. This Court is of the view that it is not only the duty of the State to provide good, proper and sound health care to the citizens, but it is also the duty of the citizens to protect the environment and keep the environment in hygienic and sanitary manner. The petitioner, as a Public Interest Litigant, is also under obligation to educate public about maintaining the environment in such a manner. The Government shall also take necessary steps to educate the public either through visual media or through publicity materials about the evils of not maintaining the places in and around the residents or other places in hygienic manner. The State can also put the monitoring mechanism in place to arrest the onset and outbreak of the said disease as well as other diseases which affect the people at large. 13. This writ petition stands disposed of accordingly. No costs.