1. Writ petition concerning the medical check-up and treatment of visually-handicapped persons and the implementation of a government scheme for their rehabilitation. (Para 1 )
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1998 Supreme(SC) 957
SUPREME COURT OF INDIA
A.S.Anand : V.N.Khare
Indian Council Of Legal Aid And Advice
Versus
Union Of India
Case No. : 20821 of 1997
Date of Decision : 9/8/98
Advocates Appeared: Katiyar Anil : Nanda Rajiv : Pudussery Ajit : Qadri S.W.A. : Suri Sushma : Trivedi R.N.
Important Points
The right to health is a fundamental facet of the right to life under Article 21, and the State has a constitutional duty under Article 41 to ensure medical check-ups and corrective treatments for visually-handicapped persons.
Subject
Constitutional Law - Fundamental Rights
Act Referred
Headnote
(A) Constitution of India - Article 21 and Article 41 - Right to health - Obligations of the State towards visually-handicapped persons - Health is an important facet of the right to life guaranteed under Article 21, and it is an obligation of the State to ensure good health to the citizens - Article 41 casts a duty on the State to make effective provisions for securing the rights of the disabled and those suffering from other infirmities within the limits of its economic capacity and development - It is imperative that all steps should be taken for helping the visually-handicapped to regain their eyesight to the extent possible. (Para 1)
Facts of the case:
A petition was filed concerning the medical check-up and treatment of visually-handicapped persons. During the proceedings, a scheme for periodical check-up and treatment of visually-handicapped persons admitted to specialized schools run by the administration or voluntary organizations was proposed. The court observed that this scheme attempts to address problems connected with the medical care of blind persons and deserves adoption across the country to ensure that no visually-handicapped person is denied corrective surgery.
Findings of Court:
The court found that the proposed scheme for periodical check-up and treatment of visually-handicapped persons is a necessary measure to fulfill the State's constitutional obligations toward the disabled.
Issues: Whether a scheme for the periodical medical check-up and treatment of visually-handicapped persons should be implemented across all States and Union Territories.
Ratio Decidendi: The right to health is an integral part of the right to life under Article 21, and combined with the directive principles under Article 41, the State is mandated to provide medical assistance and corrective surgery to the visually-handicapped to the extent possible.
Result: Notice issued to Health Secretaries of all States and Union Territories to show cause why the Scheme should not be implemented.
Facts of the case:
A petition was filed concerning the medical check-up and treatment of visually-handicapped persons. During the proceedings, a scheme for periodical check-up and treatment of visually-handicapped persons admitted to specialized schools run by the administration or voluntary organizations was proposed. The court observed that this scheme attempts to address problems connected with the medical care of blind persons and deserves adoption across the country to ensure that no visually-handicapped person is denied corrective surgery.
Findings of Court:
The court found that the proposed scheme for periodical check-up and treatment of visually-handicapped persons is a necessary measure to fulfill the State's constitutional obligations toward the disabled.
Issues: Whether a scheme for the periodical medical check-up and treatment of visually-handicapped persons should be implemented across all States and Union Territories.
Ratio Decidendi: The right to health is an integral part of the right to life under Article 21, and combined with the directive principles under Article 41, the State is mandated to provide medical assistance and corrective surgery to the visually-handicapped to the extent possible.
Result: Notice issued to Health Secretaries of all States and Union Territories to show cause why the Scheme should not be implemented.
Legal Category Hierarchy
Table of Contents
2. Necessity of implementing a nationwide scheme for the periodical medical check-up and corrective surgery of visually-handicapped persons. (Para 1 )
3. Health is a facet of the right to life under Article 21, and Article 41 mandates State provisions for the disabled to regain eyesight. (Para 1 )
4. The State is obligated under Articles 21 and 41 of the Constitution to ensure medical check-ups and corrective treatment for visually-handicapped citizens. (Para 1 )
5. Notice issued to Health Secretaries of all States and Union Territories to show cause why the medical scheme for visually-handicapped persons should not be implemented. (Para 2 , 3 )
6. Is the right to health for disabled persons constitutionally protected in India?
Yes, health is considered an important facet of the right to life guaranteed under Article 21, and Article 41 of the Directive Principles casts a duty on the State to secure the rights of the disabled. (Para 1 )
7. What is the State's obligation toward visually-handicapped citizens regarding medical treatment?
The State is obligated to take all possible steps to help visually-handicapped persons regain their eyesight and ensure that no visually-handicapped person is denied corrective surgery. (Para 1 )
(1) THE issue involved in this special leave petition is of great public importance. It concerns medical check-up and treatment of the visually-handicapped. There is no gain saying that health is an important facet of the right to life guaranteed under Article 21 of the Constitution of India and it is an obligation of the State to ensure good health to the citizens. When considered in the light of Article 41 of the directive principles, which casts a duty on the State to make effective provisions for securing inter alia the rights of the disabled and those suffering from other infirmities within the limits of its economic capacity and development, it becomes imperative that all steps should be taken for helping the visually-handicapped to regain their eyesight to the extent possible. While the writ petition filed by the petitioner on the basis of certain news items which appeared in certain newspapers was pending in the High Court, a counter-affidavit was filed by the Union of India along with which a scheme called "Scheme for periodical check-up and treatment of visually-handicapped persons admitted to blind schools run by Delhi administration or voluntary organisations for education/rehabilitation of visually-handicapped persons" was also filed. This Scheme, to an extent attempts to meet the situation arising out of various problems connected with the medical check-up and treatment of blind persons. This Scheme, whether as it is or in a modified form, deserves to be adopted by all the States and the Union Territories in the whole country so that assistance in the shape of medical check-up and treatment is available to the visually-handicapped and none of the visually-handicapped is denied corrective surgery.
(2) WE, therefore, consider it desirable to issue notice to the Health Secretaries of all the States and Union Territories to show cause why the Scheme (attached as Annexure P-4 at p. 48 of the paper-book) either as it is or in any modified form be not implemented in all the States/Union Territories.
(3) WE are informed by Mr Trivedi, the learned Additional Solicitor General, that on 29-7-1998 a copy of the Scheme has already been forwarded to all the States and the Union Territories for their response. In their response to the notice hereby issued, the Health Secretaries shall indicate action, if any, taken on the communication sent to them by the Union Government on 29-7-1998.
