Karnataka High Court
High Court Of Karnataka vs State Of Karnataka on 13 February, 2025
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT PETITION NO. 18593 OF 2024 (GM-RES-PIL)
BETWEEN:
1 . HIGH COURT OF KARNATAKA
BENGALURU
REP. BY THE REGISTRAR GENERAL
... PETITIONER
(BY SRI K.N. PHANINDRA, SENIOR ADVOCATE
AS AMICUS CURIAE AND
SRI S. SRIRANGA, SENIOR ADVOCATE ALONG WITH
SMT. ASHWINI N. RAVINDRA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
VIDHAN SOUDHA
BENGALURU - 560001
REP. BY CHIEF SECRETARY
2. STATE OF KARNATAKA
DEPARTMENT OF HEALTH
AND FAMILY WELFARE
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU
KARNATAKA - 560 001
REP. BY ITS SECRETARY
3. BRUHAT BENGALURU
MAHANAGARA PALIKE
CORPORATION CIRCLE
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N.R. SQUARE
BENGALURU
REP. BY ITS COMMISSIONER
... RESPONDENTS
(SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 & 2,
SRI S.H. PRASHANTH, ADVOCATE FOR RESPONDENT No.3)
---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER/S OR
DIRECTION/S TO RESPONDENTS TO TAKE ALL PREVENTIVE AND
REMEDIAL MEASURES TO CHECK SPREAD OF VECTOR DISEASES
LIKE DENGUE IN THE CITY OF BENGALURU IN OTHER DISTRICTS
OF THE STATE, INCLUDING THE RURAL AREAS & ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY,
JUDGMENT WAS PRONOUNCED AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N.V. ANJARIA
and
HON'BLE MR. JUSTICE K.V. ARAVIND
CAV JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N.V. ANJARIA)
'Letters to the Editor' in the newspapers, even in the age of
electronic and social media, continue to be a fond mode and a
forceful medium for common citizen to express views, opinions and
grievances on the issues and affairs in the society. 'Letters to the
Editor' is platform whereby a citizen enjoys right to expression of
views, and thus participate in the current affairs.
1.1 'Letters to the Editor' are the pulse of the society. Considered
as barometer, reflected therein, are the true affairs prevalent in the
society, perceived by intimate eyes of a common man. The views
expressed by a common citizen by writing a letter to the Editor
always matter.
1.2 The Constitutional Courts have exercised public interest
jurisdiction to espouse the public causes in the various spheres of
the political and societal affairs by taking notice, many a times, of
news items in the newspaper. The history of public interest
litigation is traced to a postcard written by a common man which
was treated by the court as public interest petition. Cases,
however, are rare where the Letter to the Editor has commanded
the attention of the Court, becoming instrumental in initiating the
public interest proceedings.
2. In the first half of the year 2024, the State of Karnataka and
its different parts particularly, the rural areas faced a serious threat
of the disease 'dengue'. The disease was on spread with alarming
speed amidst the disturbing reports coming from all quarters and
the news indicating persons of even young age succumbing to the
dengue in the City of Bengaluru, parts of the State of Karnataka,
both in urban and rural areas. A Letter to the Editor written by a
common citizen and published in the news Daily 'Deccan Herald'
dated 09.07.2024 touched the conscience of the Court.
2.1 It was a Letter to the Editor written by one Vijaykumar H.K of
Raichur titled "Take immediate action to curb the spread of
dengue". The said Letter to the Editor had the following contents,
"LETTERS TO THE EDITOR
Take immediate action to curb the spread of
dengue
The Karnataka government must declare a
medical emergency in response to a dengue
outbreak that has already claimed many lives.
Immediate action is imperative, including the
establishment of a task force led by experts to
address escalating cases across districts.
Comprehensive mosquito control strategies and
awareness campaigns, particularly targeting
schools and colleges, are needed to curb the
spread of the diseases. The sluggish response
from the health department has worsened the
crisis, and hospitals are beginning to feel
overwhelmed by severe cases. A transparent
data collection system is essential, along with
urging residents to collaborate with health workers
to eliminate mosquito breeding sites and prevent
stagnant water. Overall, there is a pressing need
for decisive government action to effectively
contain the outbreak and address the challenges
posed by dengue in Karnataka.
Vijaykumar H K, Raichur"
2.3 What was stated stood substantiated by factual details
available from the authentic sources including several news items.
The 'Deccan Herald' dated 07.07.2024 itself reported about death
of an 11 year old boy collapsing at temple, who died subsequently
while on ventilator. It was a death due to dengue. The 'Times of
India' dated 09.07.2024 carried report "Tech Hub Mahadevapura
Drives Dengue Surge, Logs 27% of the Cases". There was also a
news item in the same newspaper that the Bruhat Bengaluru
Mahanagara Palike admitted the gaps in monitoring the cases.
2.4 It was reported that 197 deaths had occurred in the State
including one death in Mysuru and since January 2024 and that
there have been 7326 cases of dengue; seven deaths had
resulted. Another newspaper 'The Hindu' dated 09.07.2024 carried
the news item "Despite BBMP Claims, Water Stagnation Seen in
Many Spots" which reflected serious chances of further spread of
the disease.
3. Taking cognizance and relying on the aforementioned Letter
to the Editor, this Court invoked jurisdiction under Article 226 of the
Constitution and in exercise of suo motu powers directed that the
aforesaid Letter to the Editor shall be treated as public interest
litigation.
3.1 In the order dated 10.07.2024 taking suo motu cognizance,
as above, following was inter alia observed,
"Right to health is a necessary concomitant
right flowing from Article 21 of the Constitution.
There also springs therefrom right to live in healthy
environment. A citizen is entitled to claim his
fundamental right, right to be free from dangers
and perilous effects of any disease or pandemic
on the way to spread in the society. There is a
right to be treated with expert medicinal facilities
and effective infrastructure, especially during the
times while negotiating the threats from the
disease."
3.2 The respondent-State Authorities and the Bruhat Bengaluru
Mahanagara Palike (BBMP) were directed to furnish the details in
respect of the following aspects,
(a) The preventive and remedial measures taken to check the
spread of Dengue in the City of Bengaluru, in other Districts
of the State, including the rural areas.
(b) The steps taken to provide the medical facilities in the City
of Bengaluru, in other Districts of the State, including the
rural areas.
(c) Details of availability of infrastructure.
(d) Steps and programmes undertaken for creating public
awareness.
(e) Steps taken to control the mosquito breeding.
3.3 Pursuant to the aforesaid order dated 10.07.2024, the
Registrar General of this Court formally caused registration of
suo motu public interest writ petition. It was pleaded that the
uneven and unpredictable monsoon and worsening climate
conditions had resulted into rapid growth of vectors. It had led to
disease like dengue and chikungunya. It was stated that in
Karnataka the concerns were raised, the cases had crossed 7,000-
mark in terms of the number and in the City of Bengaluru only,
there reported were 1,900 positive cases of dengue, very high in
the entire State. It was pleaded that one of the reasons for
outbreak of the disease was total lack of accountability.
3.4 Notices of the court were served on the authorities. The
court appointed learned Senior Advocate Mr. K.N. Phanindra as
amicus curiae to assist the Court.
4. In the response-affidavit filed by the Chief Commissioner,
Bruhat Bengaluru Mahanagara Palike (BBMP), it was stated that
the 'dengue' was reported to be the most swiftly spreading
mosquito borne disease and that it has increase in thirty folds
during the last 5 decades. It was stated that due to the overall
global warming, the rise has accelerated. The second reason
stated was that India is a tropical country, therefore she has been
experiencing definitive increase in the number of dengue cases.
Thirdly, it was stated that in the year 2024-25, there was a
moderate intermittent pre-monsoon and monsoon rainfall
activating. The rainfall of such nature gave rise to the humidity in
the atmosphere leading to stagnation of water creating vulnerable
conditions for mosquitoes breeding.
4.1 Having identified the above 3 causes for spread of the
dengue, BBMP highlighted the steps taken by it to encounter the
disease. It was stated that it was ensured by online platform called
'Integrated Health Information Platform' that all hospitals report
dengue cases immediately. It was stated that the system helped in
detecting the cases at an early stage at large number because of
which it could be possible to bring down the mortality rate by
extending immediate treatment, both curative and preventive.
4.2 As regards the instance of 11 year old boy Master Gagan
whose death was reported in the newspaper, it was admitted by
BBMP that he was dengue positive and other risk factors
aggravated resulting into a fatal case. It was stated that the
Dengue Advisory Committee comprising of public health experts
activated itself by doing proper surveillance, patient management,
vector control and educative awareness. It was claimed that case
fatality rate of 0.05% was below critical threshold of 0.5% indicating
effective case management. It was further claimed that BBMP had
adequate facilities for detection of dengue both at grassroots and
institutional levels with infrastructure such as diagnostic
laboratories, treatment facilities and other resources for vector
control.
4.2.1 The BBMP highlighted that as on 19.07.2024, there were
5794 cases whereas in the corresponding period of 2023, the
number was 2921. 95 dengue patients were hospitalized and there
were 1493 active cases as on 19.07.2024, which was within one
week from the date of suo motu order passed by this Court. The
BBMP attributed the increase in the dengue cases to 2 factors,
namely, the prolonged dry spell following intermittent rains from
February to May, 2024 and secondly, the water shortage resulting
into increased water storage by the inhabitants.
4.3 The fact was admitted that the dengue is basically a
mosquito borne disease. It transmitted through the infective bites
of Aedes mosquitoes. It was admitted that there was no specific
treatment or vaccine available for dengue. Therefore, the primary
method to control the dengue was by focusing on the reduction of
the population of Aedes mosquitoes. These mosquitoes find their
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breed and birth in water stored in containers, in solid waste
discarded around human habitation and in the accumulated water
in the rainy season. These mosquitoes, it was stated, breed also in
the natural objects such as tree holes, leaf axils of various plants,
bamboo shoot holes, etc.
4.3.1 For mosquito control and breeding check, the following
measures were highlighted,
(i) It was stated that staff of 1200 persons, deployed in the
vulnerable pockets and areas to detect the mosquitoes was
increased to 3161 by availing further staff including services from
students of nursing and paramedical institutes.
(ii) Number of houses were surveyed in different zones. The
total houses surveyed was 24,90,995.
(iii) The strategies were adopted for the source reduction which
included house-to-house visits by Accredited Social Health Activist
(ASHA) and health staff, inspection of containers for mosquito
breeding and the application of larvicidal chemicals where larva
breeding is detected.
(iv) The health staff was directed to inspect the containers which
may favour mosquitoes breeding.
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(v) Advisories were issued to the households to permit
application of larvicides and instructing community people to keep
the containers clean and empty.
(vi) The staff was made active to take care that the water filled in
containers do not become source even if the householders show
reluctance or give inadequate response.
(vii) Circulars and advisories were issued to indicate the standard
and methodology to be adopted for reducing the mosquitoes'
sources and to keep the surrounding habitats free from solid waste
and manage them for prevention of water collection.
(viii) In the source reduction service, those individuals who were
suspected to be prone to dengue fever were advised to visit
nearest Government Healthcare Centre and to avail the treatment.
(ix) The laboratories were activated to collect the blood samples
to be tested based on clinical symptoms of the persons concerned.
(x) Non-specific testing kits were made available at the clinic
and Healthcare Centres.
(xi) 228 Namma clinics and 144 Urban Primary Health Centres
were made fully equipped and functional.
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(xii) Hot spots were detected and clinical management was
rigorously extended to such areas by spraying/ fogging to knock
infective Aedes mosquitoes.
(xiii) The hospitals were given additional manpower to increase
resourcefulness to encounter the disease.
4.3.2 This viral disease is self-limiting in most of the cases, it was
stated. The virus comprises of 4 distinct serotypes, specifically
DEN1, DEN2, DEN3 and DEN4. Due to the presence of 4
separate serotypes, an individual may contact the disease up to 4
times, once by each serotype, the severity of which would depend
upon individual immune system and pre-existing co-morbid
conditions.
4.4 The details of the quantities of larvicides chemical used for
eliminating the Aedes mosquitoes larve was given. According to
the BBMP, it covered approximately 30 lakh houses. It was stated
that on an average 65,000 houses were found with Aedes larvae
per month. The chemical used for spraying was in adequate
quantity to cover all 198 wards and that there was a proper
zone-wise distribution of larvicides and space spraying chemical, it
was stated. Furthermore, neem oil or n-Diethyl meta-toluamide
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was distributed in the hot spot areas and per Primary Health Care
budget was allocated, totally Rs.72 lakhs.
4.5 The capacity of medical doctors and ASHA workers were
increased for identifying the dengue cases and managing dengue
patients. The capacity of staff was enhanced and updated by
providing physical equipments as well by extending virtual training.
Orientation sessions were conducted for teachers. Local leaders
and Resident Welfare Associations (RWAs) were motivated to
guide the citizens to maintain their residential places free from
mosquitoes breeding.
4.6 National guidelines on dengue case management was
disseminated to all private healthcare centres. Training sessions
were organized by the Indian Medical Association and the Indian
Academy of Pediatrics. Zone Commissioners and officers regularly
interacted to upgrade and ensure the free flow of medical facilities.
The meetings were held at the level of Principal Secretary to the
Government, Health and Family Welfare and the Chief
Commissioner, BBMP to review the preparedness at the hospitals
to ensure coordination and to remove all hurdles and further to
ensure that the medical infrastructure is available adequately to
treat the dengue patients.
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4.6.1 It was stated that at the ministerial level also, the meetings
were held with the department concerned. The Hon'ble Chief
Minister himself held the meetings with the high officials and issued
directions for implementation of source reduction drive and to
implement mosquitoes repellent measures. The State Technical
Advisory Committee compromising of experts in the public health
met several times and ensured surveillance, patient management,
vector mosquito control and posting the citizens with information to
check and counter the disease.
4.6.2 A special source reduction drive themed "Weekly One Day-
Every Friday, a dedicated day to eliminate Aedes breeding source"
was commenced. A Dengue War Room was made to work 24
hours at zonal levels to monitor the trend of the disease and to take
the follow up measures of detection and by ensuring timely
hospitalization of the patients.
4.7 The steps taken to provide medical facilities in the City of
Bengaluru were also highlighted,
(a) The Karnataka State Medical Supplies Corporation Limited
ensured drug procurement and availability of adequate stock.
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(b) In the area under the BBMP jurisdiction, the health facilities
were upgraded. The beds were reserved by issuing a Government
Order.
(c) Both suspect and confirmed dengue cases were managed in
accordance with the National Guidelines on Dengue Fever
Management, 2023.
(d) Free treatment was provided to the patients irrespective of
BPL or APL status.
(e) As per the Government Order dated 13.03.1998, dengue
was treated as 'Notifiable Disease' to ensure effective and
continued Aedes mosquitoes source reduction and surveillance.
(f) The dengue patients were closely monitored for all their
medical requirements.
(g) The blood processing and blood checking charges were
capped to the benefit of common man, at large.
(h) 228 Namma clinics, 148 Urban Primary Health Centres, 24
maternity hospitals, 6 referral hospitals and 2 general hospitals
were fully equipped with essential drugs, medical facilities and staff
who managed 3700 suspected dengue cases.
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4.7.1 The details of the infrastructure made available were given,
(i) There were 317 medical doctors with BBMP for treatment of
dengue patients, 234 health inspecting officers for primary care,
305 laboratory technicians and 1916 field level staff.
(ii) All private hospitals and private diagnostic laboratories were
instructed to adhere to the price capping for dengue test putting the
ceiling on the amount charged.
(iii) In respect of instances of over reaching and breach of the
instructions actions were taken.
(iv) GPS locations of the BBMP health facilities were shared
through social media.
4.8 It was stated that multiple measures were taken for creating
public awareness by distributing pamphlets in the household.
Bengaluru Metro Rail Corporation contacted and was asked to host
the dengue related audio and video messages in the metro trains.
More than 2000 schools and 1 million students were made aware
about the disease and about the preventive measures.
Autorickshaws were asked to broadcast the message of dengue
awareness across BBMP area. Social media platform was used to
create awareness on the regular updates from the competent
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authorities. Awareness was endeavored to be spread through print
and electronic media by various means.
4.9 The Health Department staff of the BBMP used to interact
with stakeholders using different mediums such as discussion,
photo-session and group interaction. Awareness activities were
conducted for the Resident Welfare Associations at different levels.
The construction workers were sensitized. The academic partners
like Indian Institute of Science and Bengaluru Science and
Technology Cluster were associated to accelerate the pace of
awareness activity. Health melas were organized.
5. As noted above, breeding of Aedes mosquitoes and the
sources of such breeding are the root-cause for spreading of
dengue. The steps towards control of mosquitoes breeding were
posed to be most important areas to be pursued. In this regard,
the actions taken by BBMP were mentioned in the affidavit as
under,
(a) Fortnightly Aedes larval survey and source reduction
activities are conducted in BBMP areas. Out of a total of 25,30,995
households existing in BBMP, about 24,90,995 houses are visited,
and an average of 62,36,484 various kinds of containers are
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inspected on a fortnightly basis. These activities are supervised by
PHC and Medical Officer of health level supervisory staff.
(b) 1216 volunteers are being engaged for a period of 3 months
in a phased manner to carry out source reduction activities during
exigency and outbreak situations. As per the Government order
these volunteers are incentivized at Rs.200 per day.
(c) Larvicide chemicals are applied to water sources found with
Aedes larvae at 1 ppm concentration, on fortnightly basis
considering the 10-12 days life cycle of the Aedes mosquito.
(d) A total of 668 sprayers and 594 fogging machine and 54 auto
mounted power sprayers have been deployed for this activity.
(e) Larvivores fish, which feed on Aedes mosquito larvae are
released into water storage containers as a biological control
method. More than 50 tanks have been released with these
categories of fishes.
5.1 The cases of dengue spread thus were on wane in the
subsequent period. Learned Senior Advocate and Amicus Curiae
produced chart showing the details of district-wise positives from
27th July to 5th August of 2024. The trend of the dengue in
Karnataka was depicted and explained.
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5.2 It could be summarized thus, (i) On 24.07.2024, the dengue
positive cases were 415. (ii) On 28.07.2024, the number was
reduced to 320, which was further reduced to 216 on 29.07.2024.
(iii) On 30.07.2024, a surge was noticed when the number of
dengue cases was considered with high at 395. (iv) On
31.07.2024, the number was in the same range which was 386.
On 01.08.2024 it remained the same (at 391). (v) On 02.08.2024
and 03.08.2024, the number of cases were 361 and 337. (vi) On
04.08.2024, the number came down to 230 cases. (vii) The
positive cases were finally plummeted on 05.08.2024 to become
221.
5.3 The trend showed, it was submitted before the Court, that
the deadly disease was finally to decline and the situation was
noticed to be getting normal.
6. Learned Senior Advocate Mr. S. Sriranga who conducted the
present public interest petition on behalf of the petitioner facilitated
the proceedings by supplying the details and data area-wise in the
City of Bengaluru about the dengue affected cases, number of
samples taken, suspected cases, number of blood samples
collected, number of deaths occurred due to the disease. In the
last hearing, he submitted that High Level Inter-Ministerial Meeting
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was held chaired by the Union Health Secretary which assessed
the situation and preparedness in nine states to focus on
prevention, containment and management of dengue cases. The
Committee noted that the fatality rate due to dengue was
considerably reduced.
6.1 A memo dated 21.11.2024 was filed on behalf of respondent
No.3 producing latest figures during the period July-2024 to
November-2024 showing the zone-wise details about the dengue
cases on weekly basis, which covered the details of dengue in the
areas of Bommanahalli, Dasarahalli, East, Mahadevapura, R.R
Nagar, South, West and Yelahanka. In the third week of July, the
total number of cases were detected to be 1098 which came down
considerably in November 2024 to 100. The tabular and chart
details showing the details of similar zone in relation to the number
of admission cases was produced to highlight that in November-
2024, the number of patients admitted to hospitals remained 4 as
against 72 in mid July.
6.2 By producing the table chart, it was given out that in 27
assembly constituencies, the preventive steps were taken, which
covered 198 wards. 3050 breeding spots of mosquitoes were
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identified. Notices, 2039 in number, were issued to the defaulting
persons and a fine of Rs.25,03,600/- was collected.
7. The reason given by the BBMP that the mosquito breeding in
different ways is the major cause and concern for the spread of
dengue, appears to be correct and scientific. Breeding of
mosquitoes, in turn, results due to weather conditions. A research
study conducted by Pune based experts of Indian Institute of
Tropical Meteorology (IITM), Pune during 2004 to 2015 which used
statistical tools as well as other learning methods found that
temperature, rainfall and relative humidity were associated with
increased dengue deaths which was on account of raise in the
number of dengue cases. The study revealed that the moderate
rainfall spread over the entire duration of the summer monsoon
season led to increase in dengue deaths in Pune compared with
heavy or extreme rainfall. (Source: Article titled "Dengue warning
system predicts risk two months in advance", in 'The Hindu',
February 2, 2025, Sunday).
7.1 The focal points which were highlighted in the said research
after understanding weather-dengue relationship were as under,
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"(a) The study looked at dengue deaths and meteorological
conditions in Pune during the period 2004 to 2015.
(b) Unlike when the weekly cumulative rainfall was less than 150
mm, heavy rainfall (above 150 mm in a week) reduces dengue
incidence.
(c) Heavy rainfall flushes away mosquito eggs and larvae
thereby reducing dengue cases.
(d) Dengue deaths were higher during the years when the mean
temperature in Pune was above 27°C.
(e) Deaths due to dengue were relatively higher when relative
humidity varied between 60% and 78% during the monsoon
season.
(f) Dengue cases and deaths were higher when the number of
active-break days was small/
(g) Dengue deaths were lower when there was heavy rainfall in
June; eggs laid the preceding year get flushed out by heavy
rainfall.
(h) Based on weather-dengue associations, the dengue early
warning system based on artificial intelligence/machine-learning
can predict dengue outbreaks about two months in advance."
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7.2 The above research findings would serve as a guide to the
respondent-BBMP and all other civic bodies in the other States
also, in fighting against the deadly disease dengue, for taking
preventive measures in advance to not only counter the spread of
disease, but keep it at a bay.
7.3 Rightly and timely measures by the Governmental authorities
and the civic bodies to avail healthy and disease-free environment
for the citizens is not only their statutory duty under the statute but,
right to health and right to healthy climate is a concomitant right as
fundamental under Article 21 of the Constitution.
8. Amongst several judgments, including in Union of India Vs.
Moolchand Kharaiti Ram Trust [(2018) 8 SCC 321), the Supreme
Court recognized the right to health to be the part of fundamental
right of Article 21 of the Constitution of India, by referring to its own
judgments, observing thus,
"65. The State has to ensure the basic
necessities like food, nutrition, medical
assistance, hygiene, etc. and contribute to the
improvement of health. Right to life includes
right to health as observed in State of Punjab v.
Mohinder Singh Chawla [(1997) 2 SCC 83].
Right to life and personal liberty under Article 21
of the Constitution also includes right of parties
to be treated with dignity as observed by this
Court in Balram Prasad v. Kunal Saha [(2014) 1
SCC 384]. Right to health i.e., right to life in a
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clean, hygienic and safe environment is a right
under Article 21 of the Constitution as observed
in Occupational Health & Safety Assn. v. Union
of India [(2014) 3 SCC 547]. The concept of
emergency medical aid has been discussed by
this Court in Parmanand Katara v. Union of
India [(1989) 4 SCC 286]."
8.1 Ensuring right to health and healthy environment will
encompass the medical facilities and preventive measures against
the possible spread of any disease or pandemic.
9. In The Registrar General Vs. Union of India which was a
suo motu Writ Petition No.797 of 2024, the issue highlighted and
addressed was inadequate medical facilities in the State of
Karnataka and rural areas. The report suggested that there was
shortfall of medical staff and Primary Health Centres in the State,
resulting into non-availability of adequate and affordable quality
health services to the common man. While disposing of the said
petition, this court issued certain directions to the State level
authorities in ensuring the creation of medical infrastructure and
medicare facilities to monitor the same periodically.
9.1 It would be relevant to reproduce those directions,
"10. While taking note of the details given
regarding the steps taken by the respondent-
State to post medical personnel in adequate
numbers at various hospitals and public health
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centers, creation of the infrastructure for
medicare in the rural area and also the details of
the functional Primary Health Centres in the
rural areas of the State of Karnataka, the Court
is inclined to close the present public interest
petition, however by issuing the following
directions,
(i) Respondent No.2-Department of Health
and Family Welfare, State of Karnataka, shall
constitute a three member Committee headed
by the Secretary, Department of Health, to
continuously oversee and implement the
mechanism to ensure the providence of medical
facility and medical infrastructure including the
medical and para-medical personnel at all
levels-City, District and Rural.
(ii) The Committee as above shall every six
months collect and assess the relevant details
from deterrent Districts about the number of
vacancies of medical staff in different
categories, the need for upgrading or further
extending the medical infrastructure and
medical facilities including medicines to the
various Government Hospitals and Primary
Health Centres run by the Government.
(iii) The Committee shall gather the information
about the medical staff vacancies in the
Government Hospitals and Primary Health
Centres and take steps for filling up the vacant
posts. This exercise shall be undertaken every
six months.
(iv) The Committees at the District level for the
above purposes, shall be constituted under the
headship of Collector/Deputy Commissioner
which shall collect the details relating to the
medical staff vacancies, medical infrastructure
and medical facilities at district and taluka levels
to provide such details to the Committee
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contemplated in (i) above, every six months and
shall function in aid and in coordination.
(v) The respondent No.2-State Government
shall periodically and preferably every six
months undertake the survey of the Primary
Health Centres in the rural areas of the State for
the purpose of upgradation of such centres in
terms of medical facilities to be catered by them
and also decide about establishing additional
Primary Health Centres on need basis in the
villages.
(vi) Respondent No.2-Health and Family
Welfare Department shall evolve and set up a
mechanism to see that there is proper co-
ordination and supervision in implementing
different Health Schemes of the Central
Government and the State Government, as also
the health related strategies.
(vii) The budgeting provision for the purpose
shall be properly and adequately made and
there shall be ensured purpose-serving
spending of the budgetary allocations."
9.2 It was further directed that vacant posts in the different
categories of the medical staff shall be filled up expeditiously and
such vacancies shall be reviewed every six months. Whenever
any disease or spread of pandemic poses threat to public health,
the aforesaid measures directed by the court could be applied
disease specific, area specific or situation specific to counter and
control the disease and to continue to avail to the citizens right to
health and cleaned and disease free environment.
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10. The purpose of this suo motu public interest litigation was to
activate the authority in wake of the spread of dengue, to minimize
the fatality occurred because of the disease and to keep the
disease away from the door steps of the common man. The
measures taken by the State Government and the Bruhat
Bengaluru Mahanagara Palike as highlighted above are taken note
of. It is also noted, as revealed from the figures, that the dengue
was on decline both in its intensity and spread. The number of
patients, number of admissions and number of deaths witnessed a
steep decline.
10.1 While parting it is to be observed that the respondent-State
authorities and the civic authorities should not remain complacent
in discharging their duties to avail the medicare facilities for the
citizens, to conduct and control the spread of disease. As far as
the dengue is concerned, since mosquito breeding is the primary
cause, it is expected that the BBMP shall evolve a continuous
mechanism to check, control breeding of mosquitoes. Any
individual, any residential society or residential hub if found to be
negligent towards clearing the stored water in containers, stagnant
water, long accumulated water or solid waste which may result into
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breeding of mosquitoes, shall be subjected to heavy fine by framing
proper rules in that regard.
11. Having taken note of the steps taken and relevant aspects as
above, since the dengue is noticed to be finally on decline, the
present public interest proceedings are closed and the petition is
disposed of with above directions and observations.
The Court records a note of appreciation for learned Senior
Advocate Mr. K.N. Phanindra for acting as Amicus Curiae and
effectively assisting the Court in advancing the cause of this public
interest petition. Learned Amicus Curiae shall be paid a
remunerative amount of Rs.55,000/- by the State.
Sd/-
(N.V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K.V. ARAVIND)
JUDGE
AHB
