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Judgment
The Court has been handed over the field visit report of Amicus Curiae Mr. G. Mishra, learned Senior Advocate and Mr. B.P. Tripathy, learned Advocate (Amicus Curiae). On the condition of two colonies in Jatani in the district of Khurda, namely, Dharabani Leprosy Colony and Bapuji Leprosy Colony, the Court has also perused compliance affidavits filed by Chief District Medical & Public Health Officer, Khurda pursuant to the order passed by this Court dated 2nd September, 2021.
The hearing took place at 2.00 p.m. at the participation of Mr. Mohapatra, Collector, Khurda and Dr. Biswa Ranjan Pati, Chief District Medical & Public Health Officer, Khurda. The situation of four inmates was discussed and the Court has been assured that one of them, who had also taken adulterated food will be shifted by Ambulance today itself to AIIMS, Bhubaneswar for treatment. The other three inmates the Court has been issued, are receiving the prompt medical attention as required.
On supply of MCR footwear, the Court has been informed that while MCR footwear has been supplied to the cured leprosy persons, CMR footwear Grade-II CMR has been supplied to most of the cured leprosy persons and those have been left out will be provided footwear within seven days from today. The photograph of such distribution works are enclosed with the compliance report. On the issue of removal of garbage, cleanliness, the Court has been assured by the Collector that sanitary workers have been asked to regularly visit everyday. He has shown the photograph of present situation of the colony, which reveals that much need to be done. He assured the Court that on the next visit of Amicus Curiae to both the colonies, which will be in the last week of December, 2021. The situation in both the colonies will be far improved.
Even on construction of additional toilets, the Collector has assured the Court that this will be completed by the time of the next visit of Amicus Curiae. He also states that arrangement will be made for issuance of Addhar Cards to all the inmates of both the colonies by adopted scan method in the next two weeks, which will be followed by issuance of ration cards to each of the inmates, if not already issued.
Direction is issued that there will be no hindrance caused from any quarter including the workers of the railways to the egress and ingress of sanitary workers and other things that will be needed either at the time of construction of additional toilets and preparation of Addhar Cards etc. The Court is also considered it necessary that East Coast Railway through its General Manager be impleaded as opposite party in the present petition and notice be issued to him returnable on the next date. Registry will inform Mr. Anindya Mishra, learned counsel appearing for East Coast Railway to enable him to obtain instruction.
An Interim report has been submitted in regard to the two leprosy colonies in Puri, namely, one is (near station) and Jibaramjee Leprosy Colony near Loknath Temple, Puri. The video of the visit and review conducted by the inmates have also been submitted in Pendrive. The issues are required immediate attention in these two colonies which are as under:
(i) Removal of garbage and unwanted debris.
(ii) The clearing out of marshy land inside the colony which is the breeding place of mosquitoes.
(iii) Construction of additional toilets, the report needs urgent construction of toilets in Sanjayjee Leprosy Colony.
(iv) While there have been weekly visit by Paramedical workers and pharmacist, it is necessary for each of the inmates to be provided with self protection kits so that they can dress their own wounds. It is stated that there is no such medical facilities by the medical practioner in Jibaramjee Leprosy Colony near Loknath Temple, Puri.
(v) The availability of 5 Kgs. rice per month and Rs.500/- to Rs.700/- as pension is too meager. The monthly expenditure of food, clothings and medication require to Rs. 3,000/-.
(vi) Many of the inmates have traveled to Banks to get their pension and they spent a substantial amount for their travel.
(vii) The condition of the living quarters / houses is extremely poor. Many of those houses of the quarters require permanent roofing.
The Court has directed here as under :
(i) Mr. P.K. Muduli, learned Additional Government Advocate will forthwith transmit to the Collector, Puri, the copy of the interim report submitted today in Court by the Amicus Curiae.
(ii) The Collector, Puri will arrange for sanitation workers in adequate number to ensure cleanliness, garbage removal in both the colonies on daily basis from November, 2021.
(iii) Immediate issuance of instruction for construction of additional toilets in both the colonies and complete the exercise by the end of December, 2021.
(iv) A direction is issued to the East Coast Railway not to create any hindrance to the medical personnel / sanitation workers those who need pursuant to the direction issued by this Court.
(v) The Collector, Puri will ascertain from the inmates the Bank with which inmates have accounts, he will consult with the concerned Manager of the Bank to explore the possibility of Mobile ATM on regular basis so that the inmates can have easy access to their own account.
(vi) The repair of the houses of the inmates in Sanjayjee Leprosy Colony be taken up on urgent basis and be completed within a month from today.
Compliance affidavit of the Chief District Medical and Public Health Officer, Puri pursuant to the direction of this Court dated 2nd September, 2021 have been perused.
So far as the Lewis Leprosy Colony, Balasore is concerned, the report of the Amicus Curiae points out that the inhabitants are not getting raw diets, which includes rice, dal, edible oil etc. and that possibly not paid to the local contractors for supply of raw foods to the inmates.
A direction is issued to the Collector, Balasore to immediately ensure supply of raw food will not be stopped whatsoever. He will also sort out the issue concerning the engagement of local contractors.
It is pointed out that steps have been taken to construct ten houses and construction work for other thirteen houses is going on. On scrutiny of the photographs, a direction is also issued to construct the remaining thirty houses and to commence this construction forthwith.
Next compliance affidavit by the Collector, Balasore will be filed indicating specifically the construction of additional houses.
The Collector, Balasore has also filed compliance affidavit more or less pointing out for construction of houses.
Pursuant to the direction issued by this Court dated 2nd September, 2021, the Technical Committee meeting held on 18th November, 2021 and proceeding of the meeting along with the compliance affidavit of the Additional Secretary to Government, SS&EPD Department has been enclosed to the compliance affidavit placed before the Court today, inter alia, it is stated that the Health and Family Welfare Department has been asked to ensure supply of MCR Footwear; deployment of doctors and para-medical workers on deputation basis to the colony on regular basis; construction of reconstructive surgery for cured leprosy persons under Biju Swathya Kalyan Yojana to enable them to get treated in private hospitals within one months; considering the appropriate case to the newly detected leprosy cases in the next two months. It appears that Sanjay Kadam State Commissioner for PwDs, Mahatrashtra presented a key/ system in providing benefits by the Maharashtra Government to cured leprosy persons in particular and the PwDs in general. The Court would want to have view to be taken and adopted in Maharashtra Model in Odisha State. The Court also notice a subcommittee is to be formed at the level to each of the district under the chairmanship of Collector and six public servant from the SS&EPD and the health department.
A direction was issued to the Secretary to Heath and Family Welfare Department by order of this Court dated 14th July, 2021 and 2nd September, 2021, no affidavit has been filed by the Health Department, consequently a direction is issued to the Additional Chief Secretary to file an affidavit indicating the status of compliance pursuant to the direction of this Court and the action recommended by the Technical Committee as referred hereinabove. The Additional Chief Secretary will remain present on video conferencing by the next date. The Court expects that the committee will undertake to visit the colonies elsewhere in Odisha to complete the task. A report of such committee enclosing the photo of the present status of the colonies will be placed before the Court on the next date.
The Collector, Khurda, Puri and Balasore should be remain present at 2.00 p.m. on virtual mode
List on 5th January, 2022.
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