Gujarat High Court
Ilaben Pathak & vs State Of Gujarat & 13....Opponent(S) on 20 June, 2014
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
C/WPPIL/122/2011 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 122 of 2011
with
CIVIL APPLICATION ( For Direction) No.10442 OF 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
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1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation
of the Constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
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ILABEN PATHAK & 1....Applicant(s)
Versus
STATE OF GUJARAT & 13....Opponent(s)
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Appearance:
MS AMEE YAJNIK, ADVOCATE for the Applicant(s) No. 1 - 2
MR P.K. JANI, GOVERNMENT PLEADER for the Opponent(s) No. 1 - 4 , 7 - 12 , 14
HL PATEL ADVOCATES, ADVOCATE for the Opponent(s) No. 3
MR HS MUNSHAW, ADVOCATE for the Opponent(s) No. 6
MRS VD NANAVATI, ADVOCATE for the Opponent(s) No. 5
MS DHARMISHTA RAVAL, ADVOCATE for the Opponent(s) No. 13
NOTICE SERVED for the Opponent(s) No. 2 - 5 , 7 - 14
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date :20/06/2014
Page 1 of 9
C/WPPIL/122/2011 CAV JUDGMENT
CAV JUDGMENT
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. This Public Interest Litigation was filed highlighting the serious and alarming problems pertaining to public health, hygiene and sanitation in the Civil Hospital campus and other parts of the City of Ahmedabad. Sometime in the year 2011 a chaotic unhygienic conditions led to various disease like Dengue, Malaria, Jaundice, Hepatitis-B etc. Many persons, young and aged, lost their lives falling prey to the epidemic of Dengue, Malaria, Falciparum and Chikungunya. In the last three years young children of the age group of 1 to 15 have been the maximum victim of such diseases and majority of them, unfortunately hailing from very poor strata of the society.
2. Considering the situation which was prevailing at the relevant point of time, we took cognizance of the same and issued various directions to the Ahmedabad Municipal Corporation Authorities as well as the State Authorities to take appropriate steps to curb the chaotic unhygienic conditions leading to Dengue, Malaria etc.
3. By our order dated 29/12/2011, we decided to appoint a committee to look into the problem and requested the committee to place before us its report on the following issues :-
(I) To take stock of the affairs and prevailing conditions of the Civil Hospital, Ahmedabad, regarding the unhygienic conditions of the hospital that led to Page 2 of 9 C/WPPIL/122/2011 CAV JUDGMENT numerous deaths due to Dengue and Malaria in the past nine months and also situation regarding these issues in other government hospitals of the city.
(II) To take complete details and information regarding deaths due to Dengue, Malaria and Falciparum and then identify from the record the exact problems that gave rise to such situations leading to deaths of resident doctors, nursing staff and patients in the Civil Hospital.
(III) To give a report on the overall administration of the Civil Hospital regarding the sanitation measures, quarantine measures and disposal of bio-medical waste taken by the Civil Hospital.
(IV) To apply the same methodology to other government hospitals in the State and identify giving rise to such kind of deaths due to Dengue and Malaria in hospitals.
(V) To recommend appropriate measures or a proper structure for regulating the government hospital system.
(VI) To evaluate the extent of the problem caused due to unhygienic conditions in the Civil Hospital and other government hospitals of the State and negligence of the administration in maintaining cleanliness in the hospitals including other parts of the city and recommend measures required to deal with the Page 3 of 9 C/WPPIL/122/2011 CAV JUDGMENT problem effectively.
(VII) To recommend steps to be taken by the Health Department and Ahmedabad Municipal Corporation to tackle the problem of Dengue and Malaria.
(VIII) To consider and suggest any other issue incidental to the above issues.
4. Pursuant to our order dated 29th December, 2011, the committee headed by Dr.Dilip Mavlankar, Dean, Indian Institute of Public Health, Gandhinagar (Public Health Foundation of India) tendered its first preliminary report dated 30/3/2012 relating to the unhygienic conditions prevailing in the Civil Hospital, Ahmedabad including other public hospitals. The Committee in its first preliminary report gave a fair idea about their observations and suggested few short term recommendations for the purpose of taking precautions during the monsoon of 2012. The Committee thereafter requested for some more time to complete the work and accordingly we granted three months time for the purpose of completing the work and filing the second report. Thereafter the Committee tendered its second interim urgent report taking into consideration the alarming situation which prevailed even during the monsoon of 2012.
5. The Committee, thereafter placed its final report dated 1 st February, 2013. The Final Report of the committee was placed before us for our consideration and based on the final report of the committee we passed an order dated 30/4/2013 issuing various directions to the Ahmedabad Municipal Corporation Page 4 of 9 C/WPPIL/122/2011 CAV JUDGMENT authorities and the State Government to act in terms of the recommendations made by the committee.
6. We have been monitoring this litigation past almost 3 years. In view of the various steps taken by the authorities concerned, as recommended by the Committee and the steps taken by the authorities on their own, the conditions relating to hygiene in the Civil Hospital campus as well as in the other parts of the City has improved considerably.
7. Dr. M. M. Prabhakar, the Medical Superintendent of the Civil Hospital, Ahmedabad has filed an affidavit giving details regarding Entomological survey undertaken in the Civil Hospital campus in December, 2013. In the affidavit a comparative statement showing number of persons affected with Malaria, Dengue and Chikungunya during the month of December, 2012 and December, 2013 has been shown which is as under :
December 2012 & 2013 Total No. of Cases and Death Type of Fever Month and Plasmodium Plasmodium Year Vivax Falciparum Dengue (P.V.) (P.F.) Chikung unya Case Death Case Death Case Death Case 1 2 3 4 5 6 7 8 Dec., '12 52 1 3 0 10 1 33 Dec.,'13 38 0 8 0 04 0 11 In the affidavit-in-reply it has also been stated that a leading T.V. Chanel, vi., CNBC, TV18 and ICICI Lombard had initiated the India Health Care Awards for Health care industry to honour and recognize the health care providers in the country doing good job in the prevailing situation. It has been Page 5 of 9 C/WPPIL/122/2011 CAV JUDGMENT further stated that for India Health Care Awards, 2013 nominations were called for from all over the country for 21 categories. Overall 3500 nominations were received. The members of the Jury judged the hospitals on various parameters which included (1) Scope of Service;
(2) Infrastructure;
(3) Patient Safety Record;
(4) Innovation and Research (5) NMABH or JCI Accreditation
8. We are happy to learn as stated in the affidavit that Civil Hospital, Ahmedabad has been adjudged the best hospital.
9. From the affidavit filed by Dr. M.M. Prabhakar, the Medical Superintendent of the Civil Hospital, it appears that the conditions in the campus of the Civil Hospital, Ahmedabad relating to hygiene have considerably improved. The other facilities to be provided to the patients have also improved. We hope and trust that such efforts continue so that in future people may not have to face difficulties and the huge campus of the Civil Hospital remains clean and hygienic.
10. Mr. S. N. Shelat, the learned Senior Advocate appearing with Miss V.D. Nanavati, the learned advocate for the Ahmedabad Municipal Corporation has also placed before us the Action Taken Report of the Ahmedabad Municipal Corporation pursuant to our order dated 30/4/2013 passed in Civil Application No.10442/2012. The report particularly deals with the following aspects.
Page 6 of 9 C/WPPIL/122/2011 CAV JUDGMENTi) Schools supervision/monitoring & IRS.
ii) Water Quality in schools.
iii) Indoor Residual Spray Plan 2013 in High Risk slum areas of Ahmedabad Municipal Corporation.
iv) Fogging Activities as Ring Operations.
v) Inter-sectoral Co-ordination Actions.
vi) Disposal of solid waste.
vii) Comprehensive Complaint Redressal System (CCRS)
viii) Entomological Monitoring of Immature and Adult Mosquito prevalence.
On perusal of the entire action taken report of the Corporation, we find that a lot of effort has been put in to ensure that hygienic conditions prevail in all parts of the City, more particularly in the slum areas and other areas which are vulnerable to Malaria, Dengue, Falciparum. We hope and trust that the Corporation continues to take all possible steps to see that the menace of Dengue, Malaria, Falciparum etc. remains minimal in the forthcoming monsoon of 2014.
11. In the overall view of the matter, we are satisfied that there has been a substantial progress. We have decided that further monitoring of this litigation is not necessary and this public interest litigation should be closed.
12. Before parting with this matter, we once again reiterate that regular inspection and necessary steps if are taken around the year, then at the last minute the authorities may not have to run helter-skelter to take control of the problems of Malaria, Dengue, Falciparum and Chikungunya. There can be no development without effort, and effort means work. It is the work put in by one and all that has yielded the good result which we can see as on today. This effort should continue. The good work which has been put so far should not go in vain and Page 7 of 9 C/WPPIL/122/2011 CAV JUDGMENT we will be very happy to learn that even in the monsoon of 2014 the cases of Malaria, Dengue, Falciparum and Chikungunya remains the minimum.
13. We appreciate the effort put in by Ms Yajnik, the learned counsel appearing for the petitioner and we express our gratitude for assisting us in this very important Public Interest Litigation concerning health of people at large. We also express our gratitude to Mr. S. N. Shelat, the learned Senior Advocate appearing for the Corporation and Mr.P.K. Jani, the learned Government Pleader appearing for the State authorities for the effective assistance rendered to this Court. We also express our deep sense of gratitude to Dr. Dilip Mavlankar, Dean, Indian Institute of Public Health, Gandhinagar and his other team members for the effort which they have put in to study the problems of the unhygienic condition prevailing in the campus of the Civil Hospital and other parts of the City of Ahmedabad. We are sure that the recommendations made by the Committee will be implemented by the authorities concerned so as to improve the quality of life of the people residing in the City of Ahmedabad.
14. With the above observations, we close this Public Interest Litigation. The Writ Petition (PIL) No.122/2011 and the Civil Application No.10442/2012 are accordingly disposed of.
(BHASKAR BHATTACHARYA, C.J.) (J.B.PARDIWALA, J.) Page 8 of 9 C/WPPIL/122/2011 CAV JUDGMENT Mohandas Page 9 of 9