Back
2024 Supreme(Online)(NGT) 2074
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Arun Kumar Tyagi, Judicial Member, A. Senthil Vel, Expert Member
NEWS ITEM TITLED "JAUNDICE OUTBREAK HITS SHOPIAN; CONTAMINATED WATER SUSPECTED" APPEARING IN KASHMIR LIFE DATED 31.01.2024 VS
Original Application No. 223/2024
For the Respondents: J.N. Sharma, Environment Engineer, J&K PCC (Through VC)|Raj Kumar, Adv. for CPCB
Right to safe drinking water is fundamental under Article 21; jaundice outbreak and high faecal coliform mandate preventing sewage discharge, ensuring clean supply, STPs and strict compliance enforcement.
Headnote:(A) Right to safe and clean drinking water - Constitutional right under Article 21 - UN General Assembly Resolution 64/292 - State obligation to provide wholesome drinking water and protect from pollution - Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 - Sections 4 and 5 - Prioritization of drinking water, water quality monitoring, prevention of pollution and encroachment on water bodies. (Paras 16-19)
(B) Environmental pollution - Jaundice outbreak due to contaminated water with high faecal coliform - Obligation to ensure no untreated sewage discharged into water sources, set up STPs, supply safe drinking water and monitor compliance under Water (Prevention and Control of Pollution) Act, 1974 - Remedial action including environmental compensation and prosecution for defaults. (Paras 28-31)
Facts of the case:
Suo motu original application registered on news item reporting jaundice outbreak in a village attributed to contaminated drinking water supply. Reports confirmed high faecal coliform in household water samples, though virological tests from source were negative. Authorities filed reports on actions taken but failed to provide details of affected individuals post-outbreak or comprehensive remediation including source contamination checks and STP setup.
Findings of Court:
Outbreak proves water contamination; high faecal coliform indicates untreated sewage discharge. Directions issued for ascertaining factual position, ensuring safe drinking water, preventing pollutant discharge, tapping drains and setting up STPs within three months. Compliance verification and action taken reports required.
Issues: Whether safe drinking water supplied and contamination sources remediated; compliance with water quality standards and sanitation obligations; details of affected cases and ground-level remedial measures.
Ratio Decidendi: Right to safe drinking water is fundamental under Article 21; contamination by faecal coliform establishes sewage discharge requiring STP and pollution prevention; authorities must implement action plans with strict timelines and accountability for defaults. (Paras 17, 28-29)
Result: Original application disposed of with directions to Principal Secretary, Ministry of Health, Deputy Commissioner and Pollution Control Committee for compliance within three months; action taken reports to be filed.
| Table of Content |
|---|
| 1. suo motu oa on jaundice outbreak from contaminated water. (Para 1 , 2) |
| 2. deputy commissioner reports actions against jaundice outbreak. (Para 3 , 4 , 21) |
| 3. high faecal coliform confirms drinking water contamination. (Para 6 , 23 , 24) |
| 4. virological tests negative; ongoing water quality monitoring. (Para 9 , 11 , 25 , 26 , 27) |
| 5. right to safe drinking water under article 21 and statutes. (Para 16 , 17 , 19) |
| 6. jaundice outbreak proves sewage contamination in water source. (Para 28) |
| 7. direct remedial measures for sanitation, stps, and compliance. (Para 29 , 30 , 31 , 32 , 33 , 34) |
ORDER
1. This OA is registered suo motu on the basis of the news item titled "Jaundice Outbreak Hits Shopian; Contaminated Water Suspected"appearing in Kashmir Life dated 31.01.2024.
2. The news item relates to outbreak of Jaundice in Pahnoo Village of South Kashmir’s Shopian and as per the news item persons have been tested positive for Jaundice and many are exhibiting symptoms of the disease. The allegation is that the Jal Shakti Department has failed to provide safe drinking water which is the cause of outbreak in the Village. The news item also contained the stand of locals that numerous children have tested positive for Jaundice which is attributed to the contaminated water. It also mentions that the problem is life threatening and fever and vomiting are common symptoms among children in the area. The relevant part of the news item reads as under:-
“KASHMIR Life Jaundice outbreak Hits Shopian; contaminated water suspected By KL News Network - 10.53 am January 31, 2024 SRINAGAR: An outbreak of jaundice in Pahnoo village of south Kashmir’s Shopian has raised concerns as two persons have tested positive, while many others are exhibiting symptoms of the disease.
A health official informed that the screening process is underway, and two cases have been confirmed positive for jaundice.
Residents allege that the Jal Shakti Department’s failure to provide safe drinking water is the cause of the outbreak in the village.
According to locals, numerous children have tested positive for jaundice. "Some are undergoing tests at private clinics and hospitals in other districts. Doctors treating the affected children attributed the jaundice to contaminated water."
Expressing concern over the situation, the residents have urged authorities to address the "life-threatening" issue immediately. "Fever and vomiting are common symptoms among children in the area. The authorities must immediately start mass screening and provide us with potable water," they said.
Block Medical Officer (BMO) Shopian, Mohammad Yousuf, said that two jaundice cases from Pahnoo Shopian have been reported at District Hospital Shopian. He said teams have been dispatched to the village to collect samples, and the screening process is in progress.”
"The people should not panic but consume boiled water and maintain proper hygiene," the BMO advised.(KNO)”
3. On advance notice, the Deputy Commissioner, Shopian filed his affidavit/report dated 09.03.2024 vide email dated 11.03.2024.
4. In the affidavit/report the Deputy Commissioner, Shopian submitted that on 30.01.2024 on receiving information regarding Jaundice outbreak in the village Pahnoo of Tehsil & District Shopian, he directed the Chief Medical Officer, Shopian and the Executive Engineer Jal Shakti Department, PHE, Shopian to visit the spot and furnish a detailed report with regard to the outbreak of Jaundice. The Chief Medical Officer, Shopian was also directed to take necessary steps on war footing basis by sending a rapid response team to the locations for sampling and surveying of the area and to take necessary steps for curbing the outbreak and for adequate treatment of the affected persons/ children. The Executive Engineer Jal Shakti Department, PHE, Shopian was also directed to make door to door awareness with regard to the outbreak of Jaundice and for the requisite precautions and to also test the water supply at the source as w
