Youth Bar Association Of India And Another vs Union Of India And Others

Ramesh Ranganathan, CJ

The public interest litigation jurisdiction of this court has been invoked by an Association of Lawyers, and an Advocate, complaining of inaction on the part of the respondents in controlling Dengue in Haldwani. They seek a writ of mandamus to constitute a Medical Board of Experts to control the outbreak of Dengue in Haldwani; a writ of mandamus to immediately arrange 500 ICU (intensive care units) with required medical professionals to deal with the emergent situation which has occurred due to outbreak of Dengue; immediately arrange 100 mobile intensive care units with the required medical professionals to deal with the affected patients from remote areas of the State; to direct the second respondent to issue an extra-ordinary Government Order directing all private medical institutions, in the affected areas, to admit and provide treatment free of cost to patients suffering from Dengue; a writ of mandamus directing respondent Nos. 3 & 4 to take all preventive and curative steps to stop outbreak of the disease; a direction to the respondents to advertise the preventive and curative steps; a direction to respondent Nos.1 & 2 to provide adequate stocks of medicines and medical equipment; to direct the second respondent to grant compensation of Rs.10.00 lakhs to the surviving members of the family of the deceased who died due to the negligence of the state machinery; and for a direction to the second respondent to fill up the vacant posts of Doctors, Nurses and other staff as per the sanctioned posts.

In the supplementary affidavit dated 16.11.2019, it is stated that rapid urbanization, lifestyle changes and deficient water management, including improper water storage practices in urban and rural areas, has led to proliferation of mosquito breeding sites; WHO Dengue guidelines, 2009 states that the population of Aedes Aegypti fluctuates with rainfall and water storage; its lifespan is influenced by temperature and humidity; it survives best between 160C and 300C, with relative humidity of 60-80%; the research, conducted by the Centre for Community Medicine, AIIMS, New Delhi in the year 2006, shows that Dengue occurs on being bitten by a Dengue female Aedes Aegypti mosquito; it grows in the rainy season and survives from July to October; the National Guidelines, 2015 states that the Aedes Aegypti mosquito is a tropical and sub-tropical species distributed all around the world; it has been found as far as 450 north during the warmer months; the Dengue mosquitoes do not survive in winter; the mosquito survives in stagnated fresh water, such as in water tanks, fridge trays, flower pots and tyre cooler etc; it also survives in densely populated areas where there is no proper drainage system since, in these areas, people store water in open spaces for daily use, and the same is not maintained properly, resulting in rapid growth of larva of the Dengue mosquitoes therein; the Dengue female mosquito grows and survives in a temperature ranging from 160C to 300C with humidity of 60-80%; the Dengue mosquito survives in places at level below 1000 feet from mean sea level; the female Aedes mosquito stores her eggs just above the fresh water in wet places; these eggs may survive for more than one year even without water; and, on being bitten by the Dengue mosquito, the illness period ranges from 3 to 5 days, and the transition period ranges from 3 to 10 days.

Among the measures to be taken, to prevent Dengue, are proper fogging at the initiation of the rainy season; conducting public awareness programmes to prevent spread of Dengue fever; affixing necessary pamphlets and posters at public places in which proper guidelines can be highlighted for preventing and mitigating Dengue; to make the public aware of the need not to store water in open spaces and, if necessary, keep it covered; and that regular cleaning of suspected spaces is required. It is further stated that the district administration conducts public awareness programmes, and undertakes necessary activities for fogging and spray.

The annual outbreak of Dengue, resulting in loss of life, is undoubtedly a matter of grave and serious concern. In this year, Dengue fever resulted in loss of several lives due to inadequate infrastructure, lack of adequate medical staff, and consequent overcrowding in hospitals resulting in these Government Hospitals not being able to provide sufficient care and treatment to such a large volume of patients who sought treatment for Dengue.

While the suggested measures would undoubtedly necessitate implementation in order to prevent loss of lives resulting from the massive outbreak of Dengue, the State Government should also examine the need to fill up vacant posts of Doctors in Government Hospitals and staff, for it is to these hospitals that the poor, who suffer the most, approach for treatment. Efforts should also be made by the authorities concerned to persuade private hospitals, whenever there is a massive outbreak of Dengue, to provide treatment to the patients who approach them, since any delay in providing proper treatment may well result in loss of lives.

Since the outbreak of Dengue in the present year has come to end, and as it appears that this mosquito does not survive in winter months, necessary steps may be required to be taken, well in advance, to prevent such an outbreak in the ensuing years.

Suffice it to direct respondent Nos.2 & 3 to prepare an action plan for the ensuing years, and take necessary steps, well in advance, to prevent outbreak of dengue. The Second respondent shall also take necessary steps to fill up the vacant posts of Doctors, and other medical staff, in Government hospitals thereby ensuring that, in case of any such outbreak, sufficient doctors are available at Government hospitals to treat the huge volume of patients who approach these hospitals for treatment.

The writ petition is, accordingly, disposed of.

No costs.