Ashwini Kumar Upadhyay vs Union Of India And Anr.
2016 Latest Caselaw 4971 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W. P. (C) 6587/2016
                                            Date of Judgment : 29th July, 2016

       ASHWINI KUMAR UPADHYAY                   ..........Petitioner
                        Through : Petitioner-in-person.
                          Versus
       UNION OF INDIA AND ANR.                  ......Respondents

Through:Mr. Ruchir Mishra & Mr. Mukesh Kumar Tiwari, Advocates for respondents.

CORAM :

       HON'BLE THE CHIEF JUSTICE
       HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
:      Ms. G. ROHINI, Chief Justice (Oral)

1. In this Public Interest Litigation, the petitioner, who is a practicing advocate, comes up with a proposal that 'First Sunday' of every month be declared as 'Health Day' for educating and sensitizing the ill-effects of population explosion and increasing pollution and to provide essential vaccines - contraceptive pills free of cost to economically weaker sections and below poverty line families.

2. It is pleaded in the petition that the population explosion and increasing pollution are the greatest menace to Indian Democracy and development of the country and it is the duty of the State to take all appropriate actions to control these problems including framing of a comprehensive effective and Uniform Population Control Policy and to expedite the implementation of 'National Population Policy-2000'

3. It is also pleaded that it is essential to have a chapter on 'ill-effects of population explosion' in curriculum of the children aged 6 to 14 years. While seeking directions to the respondents to that effect, it is contended by the petitioner that the right to health of a citizen is a fundamental right under Article 21 of the Constitution and all the government hospitals, nursing homes and polyclinics are liable to provide free treatment and essential vaccines free of cost to the economically weaker sections. It is also contended that the suggestions to control the population and pollution be interpreted and worked out in such a manner as to strengthen the fight against poverty.

4. We have heard the petitioner, who appeared in person and perused the material available on record.

5. Apparently, the issue sought to be espoused by the petitioner is not with regard to violation or non-compliance of any statutory provisions but according to the petitioner, the issues raised by him being constitutional duties, the respondents are bound to take appropriate steps in that regard.

6. Though it is not a matter for issuing a mandamus as sought by the petitioner, we leave it open to the respondents to look into the suggestions made by the petitioner and take an appropriate decision as to the feas ibility of adopting the same.

7. The learned counsel for the Central Government Shri Ruchir Mishra who accepted notice for the respondents states that the Ministry of Health and Family Welfare would look into the suggestions made by the petitioner and an appropriate decision would be take in accordance with law and if

necessary an opportunity of being heard will also be provided to the petitioner.

8. The statement of the learned counsel for the respondent is placed on record.

9. The writ petition is accordingly disposed of.

CHIEF JUSTICE

SANGITA DHINGRA SEHGAL, J JULY 29, 2016/kks