Table of Contents
1. 2. 3. '. +. 6. &. *.
Introduction to Health Law…….......................................... Law……................................................................. ......................................01 ...............01 Introductio Introduction n to Environmen Environmentt Protection Protection Act Act in relation relation to Health Laws……… Laws……………06 ……06 Contet Contet o! "udicial "udicial Interventio Intervention n and Evolvin# Evolvin# $nderstan $nderstandin# din# o! %i#ht %i#ht to Health….0 Health….0& & (aha)an Committee Committee %ecommen %ecommendation dationss on Environm Environment……… ent…………………… …………………..0 ……..0* * %i#ht %i#ht to Health Health is a ,undam ,undamental ental %i#ht… %i#ht……………… …………………………… ……………………………. ……………..0.0Peole Peole are entitled entitled to ade/uate ade/uate health care……………………… care……………………………………… …………………..0…..0Conclu Conclusio sion…… n…………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… ………20 20 ilio#rah ilio#rah……………… ……………………………… ……………………………… …………………………… …………………………. …………….21 21
Introduction to Wild life protection act with relation to Health Law
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Law has had imortant contriutions to several ulic health achievements ut desite this the conce concetua tuall !ramewo !ramewor4 r4 !or its e!!ecti e!!ective ve alica alicatio tion n has not een een !ull !ull elica elicated ted..1 (edicin (edicinee has moved moved eond eond treatin treatin# # disease disease to romot romotin# in# health health which which entail entailss olic olic interv intervent ention ionss and re#ulat re#ulation ionss at di!!er di!!erent ent levels levels to rin# rin# aout aout ehavi ehaviora orall chan#e chan#ess in indivi individua duals. ls. 5his 5his was identi identi!ied !ied the ninetee nineteenth nth centur centur erman erman hsici hsician an Rudolph Virchow who said7 8 Medicine is a social science and politics nothing but medicine on a
grand scale.9 scale. 9 In the resent:da chan#in# scenario hsicians need to understand the social imlications and the over:archin# role o! law. ;e hi#hli#ht how a !ramewor4 o! law can e develoed !or romotin# ulic health #oals. Health and health care need to e distin#uished !rom each other !or no etter reason than that the !ormer is o!ten incorrectl incorrectl seen as a direct !unction o! the latter. latter. Heath is clearl not the mere asence o! disease. ood Health con!ers on a erson or #rou9s !reedom !rom illness : and and the the ail ailit it to reali< reali
or can it e limited to care rendered or !inanced out o! ulic eenditure within the #overnment sector alone ut must include incentives and disincentives !or sel!:care and care aid !or rivate citior can it e estalished on considerations o! utilit maimi
1 Mensah GA, Goodman RA, Zaza S, Moulton AD, Kocher PL, Dietz WH, et al La! as a tool "or #re$enting chronic chronic diseases% &'#anding the s#ectrum o" e(ecti$e #u)lic health strategies Pre$ *hronic Dis +-. 1% A11 A$aila)le at htt#%//!!!cdcgo$/#cd/issues/+-/0an/2htm 3accessed on 1 4ul5 +67 1 | Page
;hat ma4es !or a )ust health care sstem even as an ideal? ,our criteria could e su##ested: ,irst universal access and access to an ade/uate level and access without ecessive urden. @econd @econd !air distri distriuti ution on o! !inanc !inancial ial costs costs !or access access and !air distri distriut ution ion o! urden urden in rationin# care and caacit and a constant search !or imrovement to a more )ust sstem. 5hird trainin# roviders !or cometence emath and accountailit ursuit o! /ualit care add cost e!!ective use o! the results o! relevant relevant research. Last secial secial attention to vulnerale #rous such as children women disaled and the a#ed. Health Law rovides a !oundation !or le#al ractice in the !ields o! Individual Health Care Law and Pulic Pulic Health Law in the India. In so doin# it elores elores the relationshi relationshi etween law and olic and eamines the le#al issues that o!ten arise in the #overnment=s attemt to re#ulate ersonal ehavior and the rovision o! medical care. It eamines the central tension etween the state=s re#ulator owers and individual ri#hts in the contet o! rotectin# the ulic=s health. It covers such su)ect areas as7 !ederal state and local ulic health owers the circumstances under which the state can limit the !reedoms o! individuals in order to rotect citi
health and healthcare.
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5he @ureme Court o! India has articulated in several landmar4 )ud#ments li4e in case o! Consumer Education and Resource Centre v. Union of India 2 State of Punjab and Others
v. Mohinder Singh3 that the ri#ht to health is inte#ral to the ri#ht to li!e under %rticle & of the Constitution of India . ;hile on the one hand the ri#ht to health is #uaranteed as a
!undamental ri#ht the Constitution also imoses a ositive dut on the @tate under Article '& to raise the level o! nutrition and the standard o! livin# and to imrove ulic health to ensure the ri#ht ri#ht to healthcare healthcare.. 5hus 5hus as endors endorsed ed in the Declaration of %lma %ta in !'# the attainment o! the hi#hest ossile level o! health ecomes the 4e worldwide social #oal. 5he Constitution o! @outh A!rica too in its ill o! %i#hts eressl declared access to healthcare !ood water and social securit esides emer#enc medical treatment as the !undamental ri#hts o! individuals BArticle BArticl e 2& o! the Constitution o! @outh A!rica. Pulic health law could e de!ined as the stud o! the le#al owers and duties o! the @tate to ensure conditions !or eole to e health with collaoration !rom multile sta4eholders Be.#. healthcare ro!essionals usiness communit media media and academe '. $nli4e at the turn o! the centur toda the !ield o! ulic health has eanded !rom areas o! communicale diseases and enviro environme nmental ntal sanita sanitatio tion n to address address enlar# enlar#ed ed health health concern concerns s !or instan instance ce chroni chronicc diseases and mental health as well as rovide services to create a health environment +. (minent scholar )ran* +rad oserved that ulic health law does not come in a neat
le#islative ac4a#e ut consists o! man tes o! le#islations which have little in common ecet !or the eni#n urose o! advancin# ulic health. 6 5he reservation o! ulic health
+ A8R 199: S* ;; A8R 199< S* 1++: - Gostin L= Legal "oundations o" #u)lic health la! and its role in meeting "uture challenges 4 Ro5 8ns Pu) Health +;.Su##l 1%6>1: : Grad ?P @he constitutional and legal sources o" #u)lic health #o!ers and the #lace o" #u)lic health in Go$ernment @he Pu)lic Health Manual rd edn Washington, D*% American Pu)lic Health Association. +-%1 ; Grad ?P Pu)lic health la!% 8ts "orm, "unction, "uture, and ethical #arameters 8nt Dig Health Legis 1996.-9%19>9 3 | Page
is amon# the most imortant #oals o! #overnments and law can serve as an e!!ective tool not onl at the individual level ut also at a lar#er communit level. & ;ithin the !ramewor4 o! the Constitution o! India ulic health is a su)ect !or the states to le#islate. However ver !ew states in India have cra!ted ulic health le#islations. At the national level the archaic 112:ear:old Eidemic Diseases Act 1*-& is an eamle o! the nature nature o! laws laws dealin dealin# # with with ulic ulic health health emer#e emer#enci ncies. es. 5here 5here are also some some 8olici 8olicin#9 n#9 rovisions in le#islations such as the Indian Penal Code that date ac4 to 1*60 which see4 to rotect the ulic9s health in the !ace o! an eidemic. 5he ost:Indeendence laws were more ro#ressive and addressed various issues concernin# ulic health aleit in a iecemeal manner !or which the Constitution laid a stron# !oundation under Part III BArticles 1' 1+ 1& 21 23 2' which are mandator and Part I BArticles 3* 3- '1 '2 '& '*A +1Bc +1A which are directives. However the need !or a comrehensive ulic health law has alwas een !elt. 5he (inistr o! Health and ,amil ;el!are overnment o! India has roosed dra!tin# this much needed law B5he >ational Health ill 200- !or consideration Parliament. Preservation o! ulic health throu#h en!orcement and enactment o! aroriate laws is one o! the most imortant imortant #oals o! #overnments. #overnments. 5he ulic health health law aroach osits that the #overnment has oth the ower and the dut to re#ulate rivate ehaviour in order to romote ulic health.* Law Law there there!o !ore re emer emer#e #ess as a tool tool in ul ulic ic healt health h to e used used wher wheree aroriate and a!ter due rocess in romotin# and rotectin# ulic health #oals. However achievin# a )ust alance etween the owers and duties o! the @tate to de!end and advance the ulic9s health while ensurin# rotection o! the constitutional ri#hts o! individuals oses an inevitale challen#e !or ulic health law. 5he asic issue in delineation and reali
< Gostin L= 3ed7 Pu)lic health la! and ethics% A reader *ali"ornia%ni$ersit5 o" *ali"ornia Press. ++ A$aila)le at htt#%//!!!#u)lichealthla!net/reader/ 3accessed on + Ma5 +67 6 Gostin L= Pu)lic health la!% Po!er, dut5, restraint BerCele5% ni$ersit5 o" *ali"ornia Press. + 4 | Page
oli#atin# the @tate with a ositive dut to eliminate an adverse conditions in the en)oment o! a di#ni!ied li!e and ensurin# comlete rotection o! the laws. However the most common challen#e to health ri#hts ride on the claims o! !undamental !reedoms #ranted to ever citi
G !ealth is a state of complete physical" mental and social ell#being and not merely the absence of disease or infirmity. $he en%oyment of the highest attainable standard of health is one of the fundamental rights of every human being ithout distinction of race" religion" and political belief" economic or social s ocial condition. $he health of all peoples is fundamental to the attai attainm nmen entt of peac peacee and and secur security ity and and is depe depend nden entt upon upon the the fulle fullest st co#o co#ope pera rati tion on of individuals and States. $he achievement of any State in the promotion and protection of health is of value to all. &nequal development in different countries in the promotion of health health and contro controll of disease disease"" especia especially lly commun communica icable ble diseas disease" e" is a common common danger danger.. !ealthy development of the child is of basic importance' the ability to live harmoniously in a changing total environment is essential to such development. $he etension to all peoples of the benefit benefitss of medica medical" l" psycho psycholog logica icall and relat related ed noled noledge ge is essent essential ial to the fullest fullest attainment of health. *nformed opinion and active co#operation on the part of the public are of the utmost importance in the improvement of the health of the people. +overnments have a responsib responsibility ility for the health of their peoples" hich can be fulfilled fulfilled only by the provision provision of adequate health and social measures. measures. , WH- Constitution
G !uman health and quality of life are at the centre of the effort to develop sustainable human settlements. ,e ... commit ourselves to ... the goals of universal and equal access to ... the highest attainable standard of physical" mental and environmental health" and the equal access of all to primary health care" maing particular efforts to rectify inequalities relating to social and economic conditions ..." ithout distinction as to race" national origin" gender" age" or disability.
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+ood health throughout throughout the life span of every man and oman" good health for every child ... are fundamental to ensuring that people of all ages are able to ... participate fully in the social" economic and political processes of human settlements.... Sustainable human settlements depend on ... policies ... to provide access to food and nutrition" safe drining ater" sanitation" and universal access to the idest range of primary health#care services...' to eradicate ma%or diseases that tae a heavy toll of human lives" particularly childhood diseases' to create safe places to or and live' and to protect the environment.... Measures to prevent ill health and disease are as important as the availability of appropriate medical treatment and care. *t is therefore essential to tae a holistic approach approach to health" hereby both prevention and care are placed ithin the contet of environmental policy....policy...., Habitat %genda. paras/ 01 and &#
G !ealth and development are intimately interconnected. oth insufficient development leading to poverty and inappropriate development ... can result in severe environmental health problems.... $he primary health needs of the orld/s population ... are integral to the achievement of the goals of sustainable development and primary environmental care.... Ma%or goals ... y the year 0111 ... eliminate guinea orm disease...' eradicate polio... y 2334 ... reduce measles deaths by 34 per cent...' ensure universal access to safe drining ater and... Sanitary measures of ecreta disposal...' y the year 0111 5reduce6 the number of deaths from childhood diarrhoea ... by 41 to 71 per cent..., %genda &.Chapter 1. paras/ and &
Introduction to (nvironment $rotection %ct in relation to Health Laws Poll Pollut utio ion n re!er re!erss to an an unde undesir sira ale le chan chan#e #e in the the hs hsica ical l chem chemica icall or iol iolo# o#ica icall characteristics o! our environment i.e. air water and soil that ma or will adversel a!!ect humans or other secies and li!e suort sstems o! our ioshere directl or indirectl. $sua $suall ll we tr to !or# !or#et et the the soci social al and and sch schol olo# o#ica icall envi enviro ronm nment ent when when we tal4 tal4 o! environmental ollution. Diet alcohol use ris4 ehavior crime and man other similar !actors could e considered considered as environmen environmental. tal. ,or the asic understandi understandin# n# the ma)or causes
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o! ollution as ,ossil ,uel consumtion (otor transort (odern a#riculture and Industries. Protection o! environment is directl rotectin# eole9s health. 5he #overnment has enacted numer o! le#islations in this direction !rom time to time such as the Destructive Insect Pest Act 1-1' ;ild Li!e BProtection Act 1-'2 5he Atomic Ener# Act 1-62 5he ;ater BPreve BPreventi ntion on and Control Control o! Pollut Pollution ion Act Act 1-&' 1-&' 5he 5he Air Air BPreven BPreventio tion n and Contro Controll o! Pollution Act 1-*1 5he Environment BProtection Act 1-*6 5he (otor ehicles Act 1-**. 5he ri#ht to health clean and ollution:!ree environment has its ori#in in the human ri#ht to Health ecause in order to have a health od one needs clean environment. 5here are o! cour course se a num numer er o! addit additio iona nall reaso reasons ns wh wh we need need o! a #ood #ood envi enviro ronm nmen ent t name namel l conservation o! natural resources maintainin# io diversit and rotectin# wild li!e. I would li4e to address the !ollowin#7 • •
Has the ri#ht to health environment vis a vis health een reco#ni
Accordin# to the Constitution o! India it is the dut o! the state to Grotect and imrove the environment and to sa!e#uard the !orests and wildli!e o! the countr. It imoses a dut on ever citiine >ine Envi Enviro ronm nmen entt and and Heal Health th %dvocate Vi2a3 Hiremath have come into eistence as the rolems e#an risin# !or eamle the Handlin#
and (ana#ement o! Ha
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mainl to those )udicial decisions that touch uon ri#ht to health care and not merel ri#ht to health. Lo#icall the the elicit reco#nition r eco#nition o! the !undamental ri#ht to health should have receded the !undamental !undamental ri#ht to #ood environment. environment. However However the develoment develoment o! )urisruden )urisrudence ce in this ranch has een the reverse. 5he ri#ht to unolluted environment was reco#ni
5o understand the a!!irmation o! ri#ht to health and health care as a !undamental ri#ht. It will #ive us the #rowin# understandin# o! di!!erent asects o! ri#ht to health. It rovides tools !or those who want to use them in similar situations.
;hile dealin# with the issue o! !undamental ri#ht to health and health care the courts have also dealt with seci!ic cate#ories such as under trials convicts and mentall ill ersons. 5he courts have reco#ni
9 Petition 3o <:;7 in Bom)a5 High *ourt in 1966 8 | Page
'. +. 6. &. *.
meth method od o! o! trea treatm tmen ent t cond condit itio ions ns at at the the hos hosita itall inte intern rnal al cont contro rol l orie orient ntat atio ion n and and Arran# Arran#emen ementt !or secial secialised ised treatme treatment. nt.
4aha2an Committee Recommendations on (nvironment 5
Immediate stes to e ta4en to imrove the environment conditions creatin# a more humane and leasin# environment wherein the atients can live with human di#nit. 5he dilaidated uildin#s to e reaired or reconstructed. Alon# with additional dormitories or wards. 5he essential amenities such as drin4in# water and toilet !acilities to e rovided inside the wards.
Right to Health is a )undamental Right6
In 1--1 in CESC "td. vs. Subash Chandra Chandra #ose 11 the @ureme Court relied on international instruments and concluded that ri#ht to health is a !undamental ri#ht. It went !urther and oserved that health is not merel asence o! sic4ness7 G$he term health implies more than an absence of sicness. Medical care and health facilities not only protect against sicness but also ensure stable manpoer for economic development. Facilities of health and medical care generate devotion and dedication to give the orers/ best" physically as ell as mentally" in productivity. *t enables the orer to en%oy the fruit of his labour" to eep him physically fit and mentally alert for leading a successful economic" social and cultural life. $he medical facilities are" therefore" part of social security and lie li e gilt edged security" it ould yield immediate return in the increased production production or at any rate reduce reduce absenteeism absenteeism on grounds grounds of sicness" sicness" etc. !ealth is thus a state of complete physical" physical" mental and social ell#being and not merely the absence of disease or infirmity. *n the light of 8rticles 00 to 04 of the &niversal &niversal Declaration Declaration of !uman Rights" *nternational *nternational 9ovenant 9ovenant on :conomic" Social and 9ultural Rights and in the light of socio#economic %ustice assured in our our 9ons 9onsti titut tutio ion" n" right right to heal health th is a fund fundam amen enta tall huma human n righ rightt to orm ormen en.. $he $he
1 Maha0an committee re#ort a$aila)le at htt#%//!!!camhindiaorg 3accessed on A#ril 1th +<7 11 3A8R 199+ S* :<,:6:7 9 | Page
maintenance of health is a most imperative constitutional goal hose realisation requires interaction by many social and economic factors.$eople are entitled to ade7uate health care6
In case case o! Mahendra Prata$ Singh vs. vs. Orissa State 12 5he etitioner an e:saranch o! Pach Pachhi hi4o 4ote te ram ram Panc Pancha haa att ar aroa oach ched ed the the cour courtt !or !or issu issuan ance ce o! ar aro oria riate te writ writ commandin# the oosite arties to ta4e e!!ective measures to run Primar Health Centre at Pachhi Pachhi4ot 4otee within within orei loc4 loc4 in the distri district ct o! "aiur "aiur rovid rovidin# in# all amenit amenities ies and !acilities !or roer runnin# o! the said health centre. 5he overnment o! Mrissa decided to oen certain rimar health centres in di!!erent areas in 1--1:-2 su)ect to !ul!ilment o! certain conditions on asis o! demands o! the local eole and ulic at lar#e. 5he conditions !ul!illed were as !ollows7 1. 5he local local eole should should rovide rovide minimum minimum one one acre o! land dul dul led#ed led#ed in !avour !avour o! the Panchaat @amiti !or the (edical Institution within a eriod o! one month !rom the date o! issue o! this order. 2. 5he local local eole eole should should rovide rovide ermanen ermanentt uildi uildin#s n#s !or the medical medical instituti institution onss as well as !or the sta!! within si months !rom the date o! issue o! this order. 5he court noted7 reat achievements and accomlishments in li!e are ossile i! one is ermitted to lead an accetal health li!e. Health is li!e9s #race and e!!orts are to e made to sustain the same. In a Countr li4e ours it ma not e ossile. 5o have sohisticated hositals ut de!initel villa#ers o! this Countr within their limitations can asire to have a Primar Health Centre. 5he overnment is re/uired to assist eole and its endeavour should e to see that the eole #et treatment and lead a health li!e. Health societ is a collective #ain and no overnment should ma4e an e!!ort to smother it. Primar concern should e the PHC and technical !etters cannot e introduced as suter!u#es to cause hindrances in the estalishment o! health centre. 5he )ud#ment stated that the #ram anchaat was a#reeale to o!!er o! the #ram anchaat uildin# !or runnin# o! the health centre. I! the uildin# was still availale the same could e utilised !or the urose o! runnin# o! the PHC till the new uildin# was comleted. 5he
1+ A8R 199< =ri < 10 | P a g e
overnment either diverts the sta!! !rom orei or ma4es suitale arran#ement !or runnin# o! the PHC in the uildin# o! Pachhi4ote ram Panchaat. >ecessar arran#ement would e made within a eriod o! three months !rom that da. da . 5his is erhas the onl )ud#ement commendin# commendin# the ri#ht to health !or a #eneral oulation. In CERC vs. Union of India 13 the @ureme Court was dealin# with the ri#hts o! wor4ers in asestos manu!acturin# and health ha
1 3199:7 S** -+ 11 | P a g e
deendents should not eat the cost o! the health. and vi#our o! the wor4man. ,acilities and oortunities as en)oined in Article 3* should e rovided to rotect the health o! the wor4man. Provision !or medical test and treatment invi#orates the health o! the wor4er !or hi#her hi#her roduc roductio tion n or e!!icie e!!icient nt service. service. Contin Continued ued treatme treatment nt while while in service service or a!ter a!ter retirement is a moral le#al and constitutional concomitant dut o! the emloer and the @tate. 5here!ore it must e held that the ri#ht to health and medical care is a !undamental ri#ht under Article 21 read with Articles 3-Bc '1 and '3 o! the Constitution and ma4e the li!e o! the wor4ma wor4man n meanin meanin#!u #!ull and uros urose!u e!ull with with di#nit di#nit o! erson erson.. %i#ht %i#ht to li!e includ includes es rotection o! the health and stren#th o! the wor4er is a minimum re/uirement to enale a erson to live with human di#nit. 5he 5he @tate e it $nion or @tate overnment or an industr ulic or rivate is en)oined to ta4e all such action act ion which will romote health stren#th and vi#our o! the wor4man durin# the eriod o! emloment and leisure and health even a!ter retirement as asic essentials to live the li!e with health and hainess.. 5here!ore we hold that ri#ht to health medical aid to rotect the health and vi#our o! a wor4er while in service or ost retirement is a !undamental ri#ht under Article 21 read with Articles 3-Be '1 '3 '*A and all related to Articles and !undamental human ri#hts to ma4e the li!e o! the wor4man meanin#!ul and urose!ul with di#nit o! erson. 5he Court also held that the ri#ht is availale not )ust a#ainst the @tate ut also a#ainst rivate emloers. 5he Court oserved7 It would thus e clear that in an aroriate case the Court would #ive aroriate directions to the emloer e it the @tate or its underta4in# or rivate emloer to ma4e the ri#ht to li!e meanin#!ul to revent ollution o! wor4 lace rotection o! the the envi enviro ronm nment ent rot rotect ectio ion n o! the the heal health th o! the the wor4 wor4ma man n or to rese reserv rvee !ree !ree and and unolluted water !or the sa!et and health o! theeole. 5he authorities or even rivate ersons or industries are ound the directions issued this Court under Article 32 and Article 1'2 o! the Constitution. In Case o! Munici$a% Counci% Rat%am vs. &ardichand and Ors 1' is a crucial case ecause !or the !irst time the @ureme Court rescried that in matters concernin# ulic health !inancial inailit was no #round !or @tate authorities not to carr out their duties. 5he Ae Court held that
1- A8R 196 S* 1;++ 12 | P a g e
>8 responsible Municipal 9ouncil constituted for the precise purpose of preserving public health and providing better finances cannot run aay from its principal duty by pleading financial inability. Decency and dignity are non#negotiable facets of human human rights rights and are a first first charg chargee on local local self#go self#govern verning ing bodies. bodies. Simila Similarly rly"" providing drainage system ? not pompous and attractive" but in oring condition and sufficient to meet the needs of the people ? cannot be evaded if the municipality is to %ustify its eistence>. %atlam is a town in (adha Pradesh. 5he town had the %atlam (unicial Council as its local sel!:#overnin# od. @anitation in %atlam was athetic as the drains over!lowed. 5he municialit was olivious to its oli#ation towards human wellein# and was directl #uilt o! reach o! dut and o! ulic nuisance and active ne#lect. 5he su:Divisional (a#istrate %atlam was moved to ta4e action under @ection 133 CrPC to aate the nuisance orderin# the municialit to construct drains to wash the !ilth and sto the stench. 5he ma#istrate made the direction sou#ht and scared the rosect o! rosecution under @ection 1** IPC !or violation o! the order under @ection 133 CrPC the municialit rushed !rom court to court till it reached the Ae Court as the last re!u#e o! lost causes. 5he @essions Court held the order as un)usti!ied ut the Hi#h Court o! (adha Pradesh uheld the order o! the Divisional (a#istrate %atlam. 5he (unicial Council %atlam ar#ued that that thou#h thou#h it was their their statuto statutor r oli#a oli#atio tion n to uild uild roer roer drains drains there was !inanci !inancial al inail inailit it.. 5he 5he Court Court held held the lea lea o! the munici municial alit it that that notwit notwithst hstand andin# in# the ulic ulic nuisance !inancial inailit validl eonerates it !rom statutor liailit had no )uridical asis. 5he criminal rocedure code oerates a#ainst statutor odies and others re#ardless o! the cash in their co!!ers even as human ri#hts under Part III o! the Constitution have to e resected the @tate re#ardless o! ud#etar rovision. Li4ewise @ection 123 o! the Act has no savin# clause when the municial council is enniless. Mtherwise a ro!li#ate statutor od or achdermic #overnmental a#enc ma ma le#all le#all de! duties under the law ur#in# in sel!:de!ence a sel!created an4rutc or erverted eenditure ud#et. 5hat cannot e. 5he @ureme Court also held that it was not )ust a matter o! the health o! a rivate individual ut the health sa!et and convenience o! the ulic at lar#e was at sta4e. 5he @ureme Court while assin# the )ud#ment in this matter artiall modi!ied the order o! the ma#istrate and also as4ed the (unicial Council %atlam to carr out the !ollowin# orders
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1. ;e direct direct the %atlam %atlam (unici (unicial al Council Council B%1 to ta4e immediate immediate action action within within its statutor owers to sto the e!!luents !rom the Alcohol Plant !lowin# into the street. 5he @tate overnment also shall ta4e action to sto the ollution. 5he su:Divisional (a#istrate (a#istrate will also use his ower under @ection 133 CrPC to aate the nuisance nuisance so caused. Industries cannot ma4e ro!it at the eense o! ulic health. ;h has the ma#istrate not ursued this asect? 2. 5he (unici (unicial al Council Council shall shall within within si months months !rom toda toda construc constructt a su!!ic su!!icien ientt numer o! ulic latrines !or use men and women searatel rovide water sul and scaven#in# service mornin# and evenin# so as to ensure sanitation. 5he Health M!!icer o! the (unicialit will !urnish a reort at the end o! the si:monthl term that the wor4 has een comleted. ;e need hardl sa that the local eole will e trained in usin# and 4eein# these toilets in clean condition. Conscious cooeration o! the consumers is too imortant to e ne#lected reresentative odies. 3. 5he @tate @tate overnment overnment will will #ive secial secial instructio instructions ns to the (alaria (alaria Eradication Eradication ;in# ;in# to sto mos/uito reedin# in ;ard 12. 5he su:Divisional (a#istrate will issue directions to the o!!icer concerned to !ile a reort e!ore him to the e!!ect that the wor4 has een done in reasonale time. '. 5he munici municialit alit will not merel merel construc constructt the drains drains ut also !ill u cessool cessoolss and other its o! !ilth and use its sanitar sta!! to 4ee the lace !ree !rom accumulation accumulationss o! !ilth. A!ter all what it las out on rohlactic sanitation is a #ain on its hosital ud#et. +. ;e have no hesitati hesitation on in holdin# holdin# that i! these directio directions ns are not comlied comlied with the su:Divisio su:Divisional nal (a#istrate (a#istrate will rosecute the o!!icers o!!icers resonsile. resonsile. Indeed this Court will also consider unishin# !or contemt in case o! reort the su:Divisional (a#istrate o! will!ul reach an o!!icer. 5he Court also held that the @tate should e #uided the aramount rincile o! Art. '& o! the Constitution o! India which states that imrovement o! ulic health should e one o! the rimar duties o! the state. Court in Citi*ens +ction +ction Committee, -ag$ur -ag$ur vs. In the case o! #omba( )igh Court vs. Cii% Surgeon, Ma(o /enera%0 )os$ita%, -ag$ur and Ors 1 ut ut in detai detaill the the res reson onsi siil iliti ities es o! the the
(unicial Cororation in marinatin# the civic hosital and the other asic amenities in the cit. 5he hi#h court in its order stated that we cannot ut emhasi
1: A8R 196; Bom 1; 14 | P a g e
the needs o! an an #rowin# cit. Hardl an otion can e seed out or a n ecuse ermissile so as to a!!ord an alii when the matters concern the authorities would estow ur#ent attention on ever !acet o! the rolem o! ulic health and e!!ectivel…. 5he Citia#ur ench o! the oma Hi#h Court as4in# the court to intervene as the overall condition o! the civic amenities such as roads sanitation and ulic health was deterioratin# deteriorat in# consideral. 5he court issued notice to all the concerned authorities and as4ed them to !ile their sa. 5wo !act !indin# reorts o! the citi
citi
1; A8R 199< MP 191 15 | P a g e
imrovement o! ulic health. It is incument on @tate to imrove the health o! ulic rovidin# unolluted drin4in# water. @tate in resent case has !ailed to dischar#e its rimar resonsiilit. It is also covered Article 21 o! the Constitution o! India and it is the ri#ht o! the citi
aud audito itorium riums s hos hosit ital al uil uildin din#s #s heal health th insti institu tutio tions ns educ educat atio iona nall instit institut utio ions ns lirar raries cour courtt ui uild ldin in#s #s uli ulicc o!! o!!ic ice e Pulic Pulic conve convea ances nces includi includin# n# the the railwas railwas..
In 8. Rama9rishna Rao vs. )(derabad 6ee%o$ment +uthorit( 1- the Andhra Pradesh Hi#h Court oserved7 Protection o! the environment is not onl the dut o! the citi
1< MA/P/<6:/+ 16 A8R ++ S* -, MA/S*/</+1 19 Writ Petition ;9+9/1996 @ RamaCrishna Rao $s H5dera)ad r)an De$elo#ment Authorit5 decided on +<+1 16 | P a g e
li!e and its attainment and !ul!ilment #uaranteed Article 21 o! the Constitution emraces the rotection and reservation o! nature9s #i!t without which li!e cannot e en)oed !ruit!ull. 5he 5he slow oisonin# o! the atmoshere a tmoshere caused the environmental ollution and soliation should e re#arded as amountin# to violation o! Article 21 o! the Constitution o! India. It is there!ore as held this Court sea4in# throu#h $/%. $/%. Choudar3. Ch oudar3. 8/ in 8. 6amodar Rao and others vs. S$ecia% Officer, Munici$a% Cor$oration of )(derabad 2: the le#itimate dut
o! the Courts as the en!orcin# or#ans o! the constitutional o)ectives to !orid all actions o! the @tate and the citi
+ A8R 196< AP 1<1 17 | P a g e
5he health o! the wor4er enales him to en)o the !ruit o! his laour 4eein# him hsicall !it and mentall alert !or leadin# a success!ul li!e economicall sociall and culturall. (edical !acilities to rotect health o! the wor4ers are there!ore the !undamental and human ri#hts o! the wor4men. 5he court also held that in an aroriate case the court would #ive directions to the emloer e it the dut o! the @tate or its underta4in# or a rivate emloer to ma4e the t he ri#ht to li!e meanin#!ul to revent ollution o! the wor4 lace rotect the environment rotect the health o! the wor4er or to ensure !ree and unolluted water !or the sa!et and health o! the eole. 5his was an imortant oservation ecause ordinaril under its Constitutional )urisdiction the @ureme Court #ives directions onl to @tate authorities and not to rivate individuals or emloers. 5he emloer is vicariousl liale to a dama#es in the case o! occuational diseases here in this case asestosis. 5he Emloees @tate Insurance Act and ;or4men9s Comensation Act rovide !or ament o! mandator comensation !or the in)ur or death caused to the wor4er wor4er while in emloment. emloment. @ince the Act does not rovide rovide !or ament o! comensation comensation a!ter the cessation o! emloment it ecomes necessar to rotect such ersons !rom the resective dates on cessation o! their emloment. 5he Court oserved7 $he :mployees State *nsurance 8ct and ,ormen/s ,ormen/s 9ompensation 8ct provide for payment of mand mandat ator oryy comp compen ensa sati tion on for for the the in%u in%ury ry or deat death h caus caused ed to the the or orma man n hil hilee in employment. employment. Since the 8ct does not provide provide for payment of compensation compensation after cessation of employment" it becomes necessary to protect such persons from the respective dates of cessation of their employment till date. @iquidated damages by ay of compensation are accepted principles of compensation. 5he Court while allowin# the Petition ordered in resect o! Asestos industries7 All the industries are directed 1. to maintain maintain and 4ee 4ee maintainin maintainin# # the health health record record o! ever wor4er wor4er uto a minimum minimum eriod o! '0 ears !rom the e#innin# o! the emloment or 1+ ears a!ter retirement ret irement or cessation o! the emloment whichever is later
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2. the (emrane (emrane ,ilter ,ilter test to detect asestos asestos !ire !ire should should e adoted adoted all the !actories !actories or estalishments on a ar with the (etalli!errous (ines %e#ulations 1-61 and ienna ienna Convention and rules issued iss ued there under 3. all all the the wheth hether er cove covere red d Eml Emlo oee eess @tat @tatee Insu Insura ran nce Act or ;or4m r4men9 en9s Comensation Act or otherwise are directed to comulsoril insure health covera#e to ever wor4er '. the $nion $nion and all all the @tate overnm overnments ents are directed directed to consider consider inclusion inclusion o! o! such o! those small scale !actor or !actories or industries to rotect health haational Institute o! Mccuational Health to detect whether all or an o! them are su!!erin# !rom asestosis. In case o! ositive !indin# that all or an o! them are su!!erin# !rom occuational health haational Institute o! Mccuational Health.
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Conclusion In the hundreds o! cases dealin# with the environment our Courts have not reall dealt so much with ri#ht to health care as the ri#ht to health and the imact o! environment on health. ;hile dealin# with environmental issues the @ureme Court has develoed a numer o! innovative doctrines such as 8olluter as9 8ulic trust9 8reversal o! urden o! roo!9 8reventive rincile9 8tran#enerational e/uit9 etc. However none o! them directl deal with health care. (an mi#ht ar#ue that as lon# as the environment is clean and this leads to the etter health o! the eole it does not matter as it is the result that counts. ut the notion o! the 8ri#ht to health9 does not come clearl throu#h these )ud#ements. It is imortant to reco#ni
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9ibliograph3 •
• • • • •
A 5etoo4 M! (edical "urisrudence And 5oicolo# 2'th Edition BEn#lish 2'th Edition ;ater ;a ter (ana#ement In 2020 And eond BEn#lish %econsiderin# Law and Polic Deates7 A Pulic Health Persective BEn#lish htt7OOwww.environmentallawso!india.comOthe:environment:de!initions:and:acts.html htt7OOwww.ea.vic.#ov.auOaout:usOle#islationOacts:administered::ea htt7OOwww.le#islation.act.#ov. htt7OOwww. le#islation.act.#ov.auOaO1--&:-2OcurrentOd!O1--&:-2.d! auOaO1--&:-2OcurrentOd!O1--&:-2.d!
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