Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(AP) 177

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Prashant Kumar Mishra, M. Satyanarayana Murthy, JJ.
Karukola Simhachalam, s/o Nandesu (late) – Petitioner
Versus
Union of India, Rep. by its Secretary, Health & Family Welfare Department ‘A’ Wing Shastri Bhawan, Rajendra Prasad Road, New Delhi and others - Respondents
Writ Petition (Pil) No.164 of 2019 And Writ Petition (Pil) No.236 of 2021
Decided On : 28-01-2022

Advocates:
Advocate Appeared:
For the Appellant : Mr. Simhachalam Karukola

Point of Law: Proper medical aid and adequate health care be provided at the Health Centres and hospitals irrespective of financial constraints to CKD patients and proper records of the treatment given, should be maintained and preserved. The guiding principle should be to ensure that no emergency case is denied medical care.

Headnote:
Constitution of India, 1950- Articles 226, 21 , 47 , 38, 39 , 22 to 25 , 39(e), 41, 43, 41, 42 and 47 - Andhra Pradesh (Andhra Area) Public Health Act, 1939 – Sections 9, 17 , 18 , 20 , 19 , 20 , 108 and 109 - Public Interest Litigation - Claiming to be a public spirited person for public good - private and public schools do not discriminate against children hailing from CKD - Claiming similar relief as claimed in W.P. (P.I.L) No.164 of 2019. However, an additional relief is sought for, to direct the district legal service authority to sensitize the residents of Uddanam Area (as outreach program) in coordination with medical experts, psychologists with the assistance of government organizations and NGOs initially for at least three years, so as to prevent the people of Uddanam from consumption of alcohol, utilization of cashew nut powder in foods and liquids such as tea and immediately preventing the act of smoking raw tobacco - alleging that for the last two decades, lakhs were afflicted by this Chronic Kidney Disease)known as Uddanam Nephropathy and that the issue could not be addressed effectively by successive governments and legislative members during the past two decades - was estimated that more than 4500 people had died in the last ten years, and around 34,000 people are suffering from kidney diseases in this area alone. It was reported that each family in the area had at least one person suffering from kidney ailment. The cases had first mysteriously surfaced in the early 90s.
Finding of the Court:
Appropriate to issue certain directions. As such, we framed a scheme for conducting outreach programmes and one such programme is to monitor the steps taken by the Government from time to time in Uddanam area both preventive, curative and palliative measures being provided by the State to CKD patients and to sensitize them by conducting awareness programmes with the help of concerned authorities about the ill-effects of chewing tobacco, consumption of alcohol, dry fish so also to monitor the steps being taken by the State for modernization of cashew processing units - To identify the families of the victims of kidney disease and to explain the medical treatment and facilities available to them and to enlighten them about the causes for kidney disease due to consumption of various types of food, alcohol, smoking and to create better environment by themselves such as sanitation - monitor the work done by the Committee by holding meeting once in two months and give appropriate guidance for effective implementation of the Scheme - State Legal Services is hereby directed to get necessary funds from the State by taking appropriate steps and report to Patron-in-Chief from time-to-time. The State may take help from NGOs and industrialist and assist as part of corporate social responsibility.
Result: Petitions closed.

ORDER :

M. Satyanarayana Murthy, J.

Since the reliefs claimed by the petitioners in W.P. (PIL) NO.164 of 2019 and W.P. (PIL) NO.236 of 2021, are one and the same and based on identical allegations, except additional relief claimed in W.P.(P.I.L) No.236 of 2021, we find it expedient to decide both the writ petitions by common order.

2. Mr. Karukola Simhachalam, a practicing Advocate, claiming to be a public spirited person for public good, filed W.P (P.I.L) No.164 of 2019 under Article 226 of the Constitution of India as public interest litigation claiming the following reliefs:

(i) To direct the Union and the State Government are to undertake periodical national surveys for determining the prevalence rate and new cases detection rate of Uddanam CKD (C.K.D) and at the same time publish the reports of the concerned survey of the authorities and subsequent thereto into the public domain and also the activities must be given wide publicity;

(ii) To direct the Union Of India and State Government should organize massive awareness campaigns to increase public awareness about the signs and symptoms of Uddanam CKD (C.K.D) and the awareness should also be spread about the free availability of medicines at all health care facilities in Uddanam area;

(iii) To direct the Union and state are to ensure that drug for management of Uddanam CKD (C.K.D) and its complications including the drugs are available free of cost and do not go out of stock at all Primary Health Centers PHCs or as the case may be public health facilities in that Uddanam area;

(iv) To direct the Governments that treatment should be provided at free of cost to all Uddanam CKD (C.K.D) cases diagnosed through general health care system;

(v) To direct the Union And the State to organize seminars at all levels which serve as platforms to hear the views and experiences directly from the former patients and their families as well as doctors, social workers experts NGOs and Governments officials;

(vi) To direct the Union and State Government to ensure that both private and public schools do not discriminate against children hailing from CKD (C.K.D) affected families such children should not be turned away and attempt should be made to provide them free education;

(vii) To direct the Union and State Government to appoint the food inspectors for prohibit the food adulteration;

(viii) To direct the Union and State Government Due attention to be paid to ensure that the persons affected with CKD (C.K.D) are issued Below Poverty Line BPL cards so that they can avail the benefits under schemes which would enable them to secure their right to food;

(ix) To direct the Union and State Governments should construct 500 beds super Specialty Hospitals within the limits of Uddanam area with the adequate dialysis Units and testing laboratory;

(x) To direct the State together with the Union Of India should consider formulating and implementing a scheme for providing at least a minimum assistance preferably on a monthly basis to all CKD (C.K.D) affected persons for rehabilitations;

(xi) To direct the Union and the State Governments must proactively plan and formulate a comprehensive community based rehabilitation scheme which shall cater to all basic facilities and needs of the CKD (C.K.D) affected persons and their families The scheme shall be aimed at eliminating the stigma that is associated with persons affected with C.K.D patients;

(xii) To direct the state and central Government should provide the mobile dialysis units in that Uddanam are who are the suffering with severe CKD (C.K.D);

(xiii) To direct the Union Government may consider framing separate rules for Uddanam Chronic Disease (C.K.D) patients and provide reservations in all governmental Jobs.

3. Similarly, W.P (P.I.L) No.236 of 2021 is filed claiming similar relief as claimed in W.P. (P.I.L) No.164 of 2019. However, an additional relief is sought for, to direct the district legal service authority to sensitize the residents of Uddanam Area (as outre

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2022 Supreme(AP) 177

Cases Referred (28)