ORDER

1. Heard the learned counsel for the petitioners and also other learned counsel including the counsel for the State of Madhya Pradesh. The learned counsel for the gas victims submitted that the six hospitals which have been exclusively established for the purpose of treating the gas victims are being utili sed for the purpose of treating others and that causes great inconvenience to the victims and affects their treatment. We had therefore, directed the State of Madhya Pradesh to give certain clarifications by our order dated 15-112007. The State of Madhya Pradesh through its Chief Medical and Heath Officer of gas victims, has furnished the details/clarifications on 11-1-2008.

2. The Supreme Court Monitoring Committee will look into the clarifications furnished by the State of Madhya Pradesh and furnish its views as to whether the six hospitals for gas victims should continue to exclusively cater to the needs of the gas victims and whether the gas victim patients are put to any inconvenience by giving treatment to other patients in these hospitals. It may also suggest measures to use any excess capacity in these hospitals to treat other poor patients.

3. The learned counsel for gas victims next pointed out that the children of gas victims who are above the age of 18 years are not being given treatment free of cost in these specialised hospitals and it causes a serious inconvenience to them. He submitted that even the children of gas victims are gas victims as they are genetically affected. On the other hand, the State submitted that children conceived and born after the gas tragedy, are not entitled to free treatment after attaining 18 years.

4. The Monitoring Committee may also consider this aspect and give a report as to whether the adult children of gas victims should also continue to get free treatment in these gas victim hospitals. Until a decision is taken in the matter, we direct that the children of gas victims also be given treatment as was done before free of cost.

5. ICMR is given two more months' time to give its interim report on the toxic effect of gas and its research work as directed by this Court by its order dated 15-11-20071.

6. List in the first week of April, 2008.

Court Masters