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2024 Supreme(Online)(NGT) 4031

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CP, ARUN KUMAR TYAGI, JM, DR. A. SENTHIL VEL, EM
NEWS ITEM TITLED "JAUNDICE OUTBREAK HITS SHOPIAN; CONTAMINATED WATER SUSPECTED" APPEARING IN KASHMIR LIFE DATED 31.01.2024 VS
Original Application No. 223/2024



Advocates:
For the Respondents: Mr. J.N. Sharma, Mr. Raj Kumar

The right to safe drinking water is a fundamental right under Indian law, necessitating strict adherence to sanitation standards to prevent health crises such as jaundice outbreaks.

Headnote:(A) National Green Tribunal Act, 2010 - Right to safe and clean drinking water - The outbreak of jaundice in Pahnoo village is linked to unsafe water supplied by the Jal Shakti Department, necessitating urgent remedial measures and adherence to water safety standards as per various legal provisions. (Paras 16, 18, 19, 30)

(B) Judicial Oversight - The Tribunal emphasized the obligation of state authorities to ensure clean drinking water, underlining the failure to comply with the directions and the necessity for proactive measures to safeguard public health. (Paras 29, 32)

Facts of the case:
The case arose from news reports of a jaundice outbreak in Shopian attributed to contaminated water, prompting the Tribunal to investigate the response of local health authorities and the effectiveness of measures taken by the administration.

Findings of Court:
The Tribunal identified persistent non-compliance in providing safe drinking water and required updates on health impacts from suspected jaundice cases.

Issues: The court focused on the inadequacy of water quality testing and the responsibility of government entities to ensure environmental health and compliance with public health laws.

Ratio Decidendi: The court ruled that failure to ensure clean drinking water breaches obligations under both Indian law and international covenants, necessitating consistent monitoring and accountability from local agencies.

Result: Directions issued for immediate remedial action and compliance verification within specified timelines.

Table of Content
1. overview of the jaundice outbreak. (Para 1 , 2)
2. actions and responses from local authority regarding water safety. (Para 4 , 5 , 8)
3. reports on water quality and health impacts. (Para 6 , 7 , 10)
4. judicial directions based on health and environmental laws. (Para 19 , 20)

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 well as at the delivery points and take immediate necessary steps for providing of potable drinking water to the affected areas. The Chief Medical Officer, Shopian as well as the Executive Engineer, Jal Shakti Department, PHE, Shopian inspected the waters at the source as well as at the delivery points and s

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