Jammu & Kashmir High Court
Court On Its Own Motion vs State Of J&K And Others on 3 January, 2025
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
........
PIL No. 34/2018
CMP No. 5325/2021
Reserved on: 24.12.2024
Pronounced on: 03.01.2025
Court on its own Motion.
.......Petitioner(s).........
Through: Mrs. Rozina Afzal, Amicus Curiae
Versus
State of J&K and others
......Respondent(s).......
Through: Mr. S.S.Nanda, Sr. AAG
HON'BLE THE CHIEF JUSTICE
HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE
JUDGEMENT
Tashi Rabstan CJ:
1. In its Issue dated 29.11.2018, the Daily Excelsior Newspaper published a report titled "Cursed Paralkot village in Poonch has 80% people deaf & dumb". This Court, taking cognizance of the report, on 04.12.2018 treated it as a Public Interest Litigation (PIL).
2. The State Government (now U.T.), through the Commissioner/Secretary to Government, Health and Medical Education Department, School Education Department; Deputy Commissioner Poonch; Block Development Officer Mandi, Poonch; and District Legal Services Authority (DLSA) Poonch, was made party respondents in the PIL. They 2 PIL No. 34/2013 were directed to physically inspect Village Paralkot and submit a detailed report regarding the accuracy of the claims made in the report along with the measures undertaken to alleviate the difficulties of the affected residents.
3. Subsequent to this Court's directions, a report was submitted by the Chief Education Officer (CEO), Poonch, and Zonal Education Officer (ZEO), Mandi, following their visit to Paralkot Village on 08.12.2018.
The report revealed that out of 16 differently-abled individuals in the village, only 3 were of school-going age. These children, though hard of hearing, were provided hearing aids. A trained teacher specializing in Braille and sign language was posted in the school to assist these children. However, the report failed to specify the names of the school(s) and the teacher(s).
4. The Chairman, DLSA Poonch, submitted a report dated 03.12.2018 to the Member Secretary, J&K Legal Services Authority. The report detailed that the Chief Medical Officer (CMO), Poonch, conducted immunization and other medical programs in the area. Efforts were made towards identifying the root cause of the hearing and speech impairments, providing hearing aids, and organizing medical camps. Disability certificates and pensions of ₹.1,000 per month were also sanctioned for the affected individuals. The report acknowledged the absence of road connectivity to the hamlet and clarified that Paralkot is not a standalone village but a hamlet of Village Sawjian, comprising 139 residents.
3PIL No. 34/2013
5. The Director Health Services, Jammu, in a report dated 27.12.2018, stated that significant action had been undertaken on the directions of this Court. The Advisor to the Governor of J&K directed the involvement of a team of ENT specialists, an audiologist, and a genetic expert from Government Medical College, Jammu to examine the cases. Blood samples of 22 individuals were collected and analyzed at the Human Genetic Research and Counseling Centre, University of Jammu, in collaboration with the School of Biotechnology, SMVDU, Katra. The findings suggested potential genetic factors contributing to the impairments. Hearing aids were distributed, and water samples were collected for toxicology studies.
6. Following the Court's directions, the Advisor to the Governor, accompanied by officials, visited SDH Mandi on 09.12.2018. Directions were issued to the Health Department and Medical College to conduct detailed research on the causes of the impairments and to implement preventive and rehabilitation measures, including speech therapy and skill development training.
7. The Social Welfare Department, in a status report dated 11.12.2020, proposed vocational skill development courses for rehabilitation. A revised proposal dated 16.07.2021, with an estimated cost of ₹19.50 lakh, was submitted to the Finance Department for approval. The department, in coordination with the local Panchayat, identified two trained girls to provide training in the affected areas.
8. By 30.03.2022, 22 individuals had been covered under the Integrated Social Security Scheme, receiving ₹1,000 per month in financial 4 PIL No. 34/2013 assistance. Vocational training programs such as carpentry, tailoring, and mushroom cultivation were initiated, with ₹9.75 lakh sanctioned for implementation.
9. In a report dated 23.05.2023, it was revealed that further genetic studies indicated the potential role of two specific genes in the impairments due to geographical isolation and inbreeding. A proposal for ₹7.50 lakh was submitted to the Ministry of Health and Family Welfare, GOI to extend the research.
10. Based on the reports so far submitted, this Court observes that several measures have been undertaken to mitigate the challenges faced by the residents of Paralkot Village. However, this Court is of the view that the following additional steps are required to be taken, which are deemed necessary in the present case:
(i) Establish Primary Health Centres (PHCs) in the village with facilities for early screening of hearing disorders.
(ii) Implement screening programs for newborns to detect congenital hearing loss.
(iii) Provide cochlear implants and hearing aids for affected children and adults.
(iv) Conduct regular health camps and establish permanent centers for rehabilitation and speech therapy.
(v) Collaborate with Central Government schemes to provide cochlear implants for children from low-income families.
(vi) Raise awareness on integrating ear and hearing care into PHCs and train healthcare workers accordingly.
11. This Court expects the respondents to implement these measures in a timebound manner, not only for the residents of Paralkot Village but also 5 PIL No. 34/2013 for identifying and addressing similar issues in other areas of the Union Territories of Jammu & Kashmir and Ladakh.
12. With these observations, the PIL stands disposed of. Connected matters are accordingly disposed of.
13. We acknowledge and appreciate Ms. Rozina Afzal, learned amicus curiae for her hard work and rendering proper assistance in this petition.
14. Let copy of this order be forwarded to Secretary to Government, Health and Medical Education Department; Secretary, School Education Department and Deputy Commissioner, Poonch for compliance.
(Rajesh Sekhri) (Tashi Rabstan)
Judge Chief Justice
Jammu
03.01.2025
Madan Verma, Secy.
Whether approved for reporting? Yes.
Madan Lal Verma
2025.01.03 15:00
I attest to the accuracy and
integrity of this document