IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 2^ND DAY OF FEBRUARY 2023 / 13TH MAGHA, 1944 WP(C) NO. 38429 OF 2016 PETITIONER:

BINDHYA.J., AGED 35 YEARS D/O.JAYALATHA DEVI, LEKSHMI NIVAS, VALLIKUNNAM P.O., ALAPPUZHA DISTRICT – 690 501.

BY ADVS.SRI.JACOB SAMUEL SRI.P.BIJIMON SMT.P.GEENA BABU SRI.K.T.SEBASTIAN RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NEW DELHI- 110 006.

2 STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 036.

3 SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM-695 001.

4 DIRECTOR, HEALTH SERVICE DEPARTMENT, THIRUVANANTHAPURAM 695 001.

5 DIRECTOR, REGIONAL CANCER CENTRE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM – 695 011.

BY ADVS.SRI.DINESH R.SHENOY, CGC SRI.TEK CHAND. V, SR. GOVERNMENT PLEADER SRI.T.A.SHAJI (SR.)

SRI.ATHUL SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

02.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 2^nd day of February 2023 S.MANIKUMAR, C.J.

Petitioner, who has been in the field of Cytology for the last more than twelve years, has approached this court mainly for a direction to the respondents to take immediate measures, to adopt and set up cancer screening and testing strategies in all districts across the State of Kerala.

2. Reliefs sought for in this writ petition are as follows:

“a. to implement urgent and effective measures in joint venture, both Central and State, to tackle the menace of cancer disease by adopting a comprehensive Screen and Treat strategy throughout the State of Kerala within a reasonable time.

b. to make immediate arrangements to set up district level Early Cancer Detection Centres (ECDCs) in all districts in the State and strengthen the functioning of existing Early Cancer Detection Centres (ECDCs) at Ernakulam and Palakkad by making timely appointments to the vacancies existing there from qualified resource persons and by implementing adequate infrastructural facilities for its smooth functioning.

c. To take immediate action to recruit MD qualified Cytopathologist to lead the ECDCs and appoint qualified Cytotechnologists and Cytotechnicians for the vacancies arising in such Early Cancer Detection Centres for screening purpose.

d. To make Immediate arrangement to evaluate the functioning of ECDCs at Ernakulam and Palakkad and make arrangements to analyse the works carried out in the ECDCs at Kaloor and Palakad to establish the role of these two centres in cancer control programmes in these districts.

e. To Introduce quality control measures in the cytology work of these ECDCs, make arrangements for periodical evaluation and audit by experts from RCC, Thiruvananthapuram, take immediate action to restart histopathology in ECDC at Ernakulam and the Government should ensure whether the ECDCs are functioning properly or not.

f. To restructure cancer control prevention programmes in India in tune with latest medical technology available in cancer detection and treatment in and around the world.

g. Pap test should be recognized and used as a screening method for cervical cancer within the State of Kerala and necessary amendments should be incorporated in Exhibit P-3 document to recommend Pap test as an alternative method for the screening of cervical cancer in par with VIA.

h. Oral examination, breast examination and training for self-breast examination etc should be included in the routine cancer detection check-up.”

3. Learned counsel for the petitioner submitted that due to alarming rate of cancer incidence in India, cancer screening has become a high priority component for public health package to its citizens, especially to women’s health. It is further submitted that according to WHO, every year one million Indians are diagnosed with cancer. But, due to lack of adequate infrastructural facilities for its early