Himachal Pradesh High Court
Court On Its Own Motion vs State Of H.P. & Others on 27 March, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.275 of 2017 Date of Decision : March 27, 2018 .
Court on its own motion ...Petitioner.
Versus State of H.P. & others ...Respondents.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice.
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.Whether approved for reporting? 1
For the Petitioner r : Mr. Aman Sood, Amicus Curiae.
For the Respondents : Mr.Ashok Sharma, Advocate General, with Mr.Ranjan Sharma & Mr.Adarsh K. Sharma, and Mr.Nand Lal Thakur, Additional Advocate Generals, for the respondents-State.
Sanjay Karol, Acting Chief Justice On the basis of a News item, captioned as 'Himachal leaves leprosy patients in the lurch', which appeared on 10.12.2017 in "The Tribune", this Court, taking suo moto cognizance, issued notice.
2. What led to the registration of the present petition stands recorded in our order dated 12.12.2017, as under:
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"This Court has taken suo motu cognizance of a news item reported in the Tribune dated 10.12.2017 in which it stands mentioned that "Himachal leaves leprosy patients in the lurch." It stands mentioned in .
the report that 18 patients under treatment at the Zonal Leprosy Hospital in Solan have been left out in the cold. These patients were initially shifted to a Community Health Centre at Dharampur in 2014, but they now stand moved to a 30x20 feet hall at Chambaghat in Solan where disabled and visually impaired patients jostle for space for their daily routine. Also it further stands mentioned in the report that State Government has failed to construct a new hospital despite administrative clearance worth `10 crore in 2014 for construction of a new hospital at Lohanjee on Kumarhatti Nahan rhighway."
3. At the threshold, we may record that dislocation of the patients, suffering from leprosy and other patients of similar category, was prompted on account of widening of the National Highway. The old ESI building at Chambaghat, Solan, was utilized for such purpose. Shifting was by way of temporary arrangement, till such time permanent structure, under construction in Village Lohanjee was to be completed.
4. On 22.12.2017, we had recorded that adequate arrangements for stay of the patients were made by the State. Such fact was recorded, considering the affidavit dated 21.12.2017, filed by Shri Pankaj Rai, ::: Downloaded on - 20/05/2018 21:15:52 :::HCHP ...3...
Special Secretary (Health) to the Government of Himachal Pradesh.
5. Still further, we directed the Secretary, .
District Legal Services Authority, Solan, District Solan, Himachal Pradesh to visit old ESI building, Chambaghat, where the patients were temporarily housed. The Chairman of the District Legal Services Authority submitted his report, pointing out certain deficiencies.
Resultantly, we directed the Special Secretary (Home) to the Government of Himachal Pradesh to visit the hospital and take all such remedial measures and remove the deficiencies, which stood pointed out in the report.
6. On 9.1.2018, learned Amicus invited our attention to the affidavit filed by Dr. Udit Kumar, Zonal Leprosy Officer, Chambaghat, District Solan, Himachal Pradesh and, as such, we directed the Principal Secretary (Health) to the Government of Himachal Pradesh to convene a meeting and fix a time schedule for early completion of the building, termed as the Zonal Leprosy Hospital at Lohanjee.
7. We find the Princinpal Secretary (Health), in his personal affidavit, to have fixed the following time ::: Downloaded on - 20/05/2018 21:15:52 :::HCHP ...4...
schedule for completion of the building, for which administrative approval also stands accorded:
Sr. Activity Completion Remarks No. Date .
1. Approval of Drawing 17-03-2018 By Health as submitted by the Department.
Architect-in-Chief, HPPWD
2. Feasibility Report 25-3-2018 By HPPWD and Preliminary Department Estimate submission to Director Health
3. Accordingly 10-04-2018 By Health Administrative Department Approval/Expenditure Sanction and deposit of 50% amount of Estimated Cost
4. Publication of 15-04-2018 By HPPWD Tenders Department
5. Opening of Technical 15-05-2018 By HPPWD Bids Department
6. Opening of Financial 20-05-2018 By HPPWD Bids Department
7. Finalization of 25-05-2018 By HPPWD Tenders and Department issuance of Award Letter
8. Start of Work 10-06-2018 By HPPWD Department
9. Completion of work 31.12.2018 By HPPWD in all respects Department.
8. As on date, we find not only the grievances pointed out in the News item to have been redressed, but also the authorities to have taken appropriate action, though on the asking of the Court, for earlier completion of the building, enabling proper housing of the patients suffering from leprosy and diseases of similar nature.
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9. In Bandhua Mukti Morcha v. Union of India and others, (1984) 3 SCC 161, the Apex Court has held as under:
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"10. .........It is the fundamental right of everyone in this country, assured under the interpretation given to Article 21 by this court in Francis Mullin's case, to live with human dignity, free from exploitation. This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children 'against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State-neither the central government nor any State government-has the right to take any action which will deprive a person of the enjoyment of these basic essentials. Since the Directive Principles of State Policy contained in clauses (e) and (f) of Article 39, Articles 41 and 42 are not enforceable in a court of law, it may not be possible to compel the State through the judicial process to make provision by statutory enactment or executive fiat for ensuring these basic essentials which go to make up a life of human dignity but where legislation is already enacted by the State providing these basic requirements to the workmen and thus investing their right to live with basic human dignity, with concrete reality and content, the State can certainly be obligated to ensure observance of such legislation for inaction on the part of the State in securing implementation of such legislation would amount to denial of the right to live with human dignity enshrined in Article 21, more so in the context of Article 256 which provides that the executive power of ::: Downloaded on - 20/05/2018 21:15:52 :::HCHP ...6...
every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State..............."
10. The Apex Court in M. Nagaraj & others v. Union .
of India & others, (2006) 8 SCC 212, has held as under:
"............Individuals possess basic human rights independently of any Constitution by reason of the basic fact that they are members of the human race................."
11. In Jeeja Ghosh & another v. Union of India & others, (2016) 7 SCC 761, the Apex Court highlighted the sensitivity with which the issues, similar in nature, need to be handled by every citizen of the country, in the following terms:
"2. .........Even though human rights activists have made their best efforts to create awareness that people with disabilities have also right to enjoy their life and spend the same not only with the sense of fulfilment but also to make them contribute in the growth of the society, yet mindset of large section of the people who claim themselves to be 'able' persons still needs to be changed towards differently abled persons. It is this mindset of the other class which is still preventing, in a great measure, differently abled persons from enjoying their human rights which are otherwise recognised in their favour. Present case, though a PIL, got triggered by an incident which proves aforesaid introductory statement made by us."
12. Under these circumstances, we are persuaded by the learned Advocate General to close the ::: Downloaded on - 20/05/2018 21:15:52 :::HCHP ...7...
present proceedings, which we do so with the following directions:
a) The schedule fixed by the State, as .
indicated in the affidavit, dated 21.3.2018, filed by the Principal Secretary (Health) to the Government of Himachal Pradesh, for completion of the building shall be strictly adhered to.
b) In the event of any delay, the Principal Secretary (Health) shall take appropriate decision and if it is found that anyone of the Officers/officials, including Contractor, is found to be lax, in ensuring timely completion of the building, appropriate action shall be taken.
c) The Principal Secretary (Health) to the r Government of Himachal Pradesh shall ensure that the doctor posted at the place where the patients of leprosy and other similar disease are housed, properly attends to them and take proper care in the desired manner of concern and sensitivity.
d) The Secretary, District Legal Services Authority, Solan, District Solan, Himachal Pradesh shall visit the hospital every three months for checking the upkeep and maintenance of the place where the patients are temporarily housed. Also, he shall endeavour to associate members of the Civil Society, so as to obviate the sense of alienation and/or having been cut off from the main stream of normal life. He shall send reports of his visit to the Member Secretary of the Himachal Pradesh State Legal Services Authority, Shimla.
e) The Principal Secretary (Health) to the Government of Himachal Pradesh shall file status report, indicating the progress made. This he shall do within a period of ::: Downloaded on - 20/05/2018 21:15:52 :::HCHP ...8...
eight weeks, for which purpose the matter be listed before the Additional Registrar (Judicial) of this Court, on 15.6.2018.
13. We place on record our appreciation for the .
assistance rendered by Mr. Aman Sood, learned Amicus.
In view of the above we close the present proceedings. Pending application(s), if any, also stand disposed of.
( Sanjay Karol ),
Acting Chief Justice
( Ajay Mohan Goel ),
March 27, 2018(sd) Judge.
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