Orissa High Court
Abani Bhusan Jena, President Of The ... vs State Of Orissa on 12 March, 1996
Equivalent citations: 1996(I)OLR382
Author: A. Pasayat
Bench: A. Pasayat
JUDGMENT A. Pasayat, J.
1. This writ petition was registered on the basis of a letter received from the President, General Secretary of the Students' Union and some students of S. C. B. Medical College and Hospital, Cuttack (in short, 'the College'), and House Surgeons of the College. Grievances have been made about the unhealthy condition prevailing in the College Campus (hereinafter referred to as 'the Campus'). The grievances can be pigeonhold into the following categories :
(i) Mushroom growth of unauthorised constructions and encroachments inside the campus :
(ii) Free access to the different wards of Hospital by anti-socials; and
(iii) Criminal activities inside the campus.
2. Before we take up the grievances highlighted, a few basic facts need to be noticed. Life as embodied in Article 21 of the Constitution does not mean a mere animal existence. It has to mean a life befitting human dignity. Health of any person is an integral facet of his right to life. Article 25(2) of the Universal Declaration of Human Rights, 1948 assures that everyone has the right to a standard of living adequate for the health and well-being of himself and of his family...... including medical care, measure for sickness and disability. Article 39(c) of the Constitution enjoins upon the State to direct its policies to secure the health and strength of workers. The term 'health' implies more than an absence of sickness. A healthy body is the very foundation for all human activities. That is why the adage 'SARIRA-MADYAM KHALU DHARMA SADHANAM'. In a welfare State, therefore, it is the obligation of the State to ensure the creation and the sustaining of conditions congenial to good health. Several obligations of the State can be culled out from the provisions of Part IV of the Constitution. The State is required to effectuate them in order that the resultant pictured by the Constitution Fathers may become a reality. Maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society which the Constitution makers envisaged. Attending to public health, therefore, is of high pripority--perhaps the one at the top. These aspects have been eloquently dealt with by the apex Court in Vincent v. Union of India : AIR 1987 SC 990. In order to lead a meaningful life every person should be physically fit and mentally alert. The Hospitals have a big role to play for keeping a person in such conditions. Dealing with the question of right to health, and medical care of a workman, the apex Court observed that it is a fundamental right. (See Consumer Education and Research Centra and Ors. v. Union of India and Ors. : 1995 SCC (L and S) 604). Right to health of 8 worker is an integral facet of meaningful right to life and have not only a meaningful existence but also robust health and vigour without which the worker would lead a life of misery; Lack of health denudes his livelihood. Medical facilities to protect the health of the workers are fundamental rights to workmen. Security against sickness and disablement is a fundamental right under Article 25 of the Universal Declaration of Human Rights and Article 7(b) of the International Convention of Economic, Social and Cultural Rights and under Articles 39(e), 38 and 21 of the Constitution. (See LIC of India and Anr. v. Consumer Education and Research Centre and Ors. : (1995) 5 SCC 482) We have highlighted these aspects to show the importance of hospitals in the society and the purpose of their existence.
3. In the background of what has been stated by us above, the grievances made need to be examined. Pursuant to our direction affidavits have been filed by the Principal of the College the Superintendent of Police Cuttack and the Director of Medical Education and Training, Orissa, Though VVE had directed to the Director of Health Services, Orissa and the Secretary to the Government of Orissa, Home Department to file affidavits, for the reasons best known to them they have not chosen to do so Prayer for time was made by the learned Additional Government Advocate to file their affidavits. We do not find any justification to accept the prayer. It is unfortunate that the officials have not filed their affidavits in spite of specific directions. We are not taking a serious view of the matter, save and except expressing our displeasure over such remiss. On perusal of the counter affidavits filed by the authorities indicated above, one thing is clear, that is, immediate remedial steps are necessary to restore normalcy in the campus. It has been fairly accepted that there are large number of encroachers who have made unauthorised constructions inside the campus. Effort to remove them appears to be rather casual. A strange attitude had been taken by the concerned revenue authorities that unless alternative accommodations are provided to the encroachers, their removal from the campus would be undesirable. This is a shocking revelation to us. If such is the attitude, it would encourage the encroachers, the unauthorised occupants and ultimately would be granting a premium for infraction of law. We direct the concerned authorities to locate and remove all the encroachments inside the campus within three months from today. If necessary, assistance of the police shall be taken for such removal. The Superintendent of Police in his affidavit has stated that in case police assistance is necessary, same shall be provided.
4. So far as the criminal activities inside the campus are concerned, it is unfortunate that instead of the smell of spirit of service in the hospital, it is alleged that what one gets to smell is spirit of liquor, and narcotic drugs. This position has been clearly accepted in the counter affidavits. Spirit of service should pervade the atmosphere in a hospital. From the counter affidavit filed by the Superintendent of Police it appears that large number of cases involve Doctors and students for their criminal activities in the campus. Without going into the intricate question as to who are really involved, it needs no elaboration that every such case has to be dealt with iron hands. Nobody should think that the hands of law are paralysed, and anyone is above law. Whatever be the social status of an offender, be he a student of the medical college, a doctor, if he has committed any act which is unauthorised in law, he has to be properly dealt with in accordance with law. A long list has been submitted which shows that the doctors and medical students have been implicated as accused Without going into the details of those cases, it would suffice to indicate that early disposal of the cases would be appropriate. Necessary steps should be taken by the concerned department to see that the cases are disposed of early, and if there is any substance in the accusations, the guilty persons are punished.
From the counter affidavit filed by the Superintendent of Police, it appears that a medical Out-Post which is headed by an Assistant Sub-Inspector of Police and a few Constables has been sanctioned, and a detailed scheme has been prepared and submitted to Government for implementation. Necessary steps in that regard be taken by the concerned Departments within three months from today, with a view to ensure maintenance of law and order situation within the campus and to take effective steps against the persons committing illegal activities within the campus.
5. So far as entry into the different Wards of the Hospital is concerned, modalities should be worked out to see that the unauthorised persons do not have access to different Wards of the Hospital. It was suggested that introduction of a system of giving identity cards to the doctors and staff, and cards to patients, and their relatives and attendants may be introduced. The Director of Health Services is directed to look into this aspect and submit his concrete proposal in the matter to this Court within three months.
6. From the counter affidavit filed by the Principal, we find that the engagement of homeguards has not really served any useful purpose. But the Suprintendent of Police in his counter affidavit has stated that since the medical authorities have not provided a detailed duty distribution/duty requirement chart for the said homeguards, they are not able to work effectively within the campus. The Superintendent of the Hospital shall take immediate steps to provide a detailed duty distribution/duty requirement chart for the homeguards for which the action of Superintendent of Police is effectively worked out.
7. A co-ordinated effort by the police officials and the administrative authorities of the College and Hospital in the matter of ensuring a trouble-free atmosphere inside the campus would be appropriate. This can be ensured if the administrative authorities and the police officials meet periodically to take up all the problems and find out ways and means to meet the problems relating to law and order inside the campus.
8. A general feeling is gaining ground that when a patient goes to a hospital, he is taking a step towards his grave. Judicial notice can be taken of the unhealthy and insanitary conditions of different Wards and the Campus, fforts should be taken to ensure that a person who goes to visit a patient in the Hospital does not himself become sick because of the unhealthy and insanitary conditions. Hospital should be a place where service to the sufferer is the ultimate goal.
The writ application is disposed of accordingly.
A copy of our order be handed over to the learned counsel for State for ensuring compliance of the directions given above.
P. C. Naik, J.
I agree.