WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... /2017 PUBLIC INTEREST LITIGATION
IN THE MATTER OF:PARMESHWARI DEVI
.………PETITIONER Versus ……….RESPONDENTS
UNION OF INDIA AND ORS
INDEX S.NO
PARTICULARS
PAGE NO
1.
Court Fees
2.
Notice of Motion
3.
Urgent Application
4.
Memo of Parties
5.
Synopsis
6.
Writ petition under article 226 and 227 of Constitution of India for issuance of writ of mandamus
or
any
other
appropriate
directions or order or writ to respondents under section 151 of civil procedure code, 1908. Along with affidavits. 7.
ANNEXURE – P/01 True copy of the Research publication of Indian Institute of Management, Ahemdabad, India
on
opportunities
“Health and
system
in
challenges
India: for
improvements by Ramani KV, Mavalankar
WWW.LIVELAW.IN 8.
ANNEXURE – P/02 True copy of the hindawi publiocation corporation, Advances in Public Health, Review Article on the challenges confronting public health in India, their origins, and possible solutions by vikas Bajpai, Published on dated 13 july, 2014. Centre for social medicine and community health, Jawahar Lala Nehru University, New Delhi-India.
9.
ANNEXURE – P/03 True copy of the representation to the Hon‟ble CM of Delhi dated 28/09/2015 for the
need
of
Government
Hospital
in
Najafgarh Area Region. 10.
Application U/S 151 of Civil Procedure Code,1908 For Exemption From Filing The Certified copies, Typed Copies along with affidavits.
9.
VAKALATNAMA
PETITIONER THROUGH:
NEW DELHI DATE
ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(DU) ADVOCATE CONSULTATION ROOM LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT, NEW DELHI-110003 M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... 2017 PUBLIC INTEREST LITIGATION
IN THE MATTER OF:………PETITIONER
PARMESHWARI DEVI Versus UNION OF INDIA AND ORS
……. RESPONDENTS
NOTICE OF MOTION
Sir,
The abovementioned Public Interest Litigation filed by the Petitioner may be listed on
,August, 2017, or thereafter. Please take notice
accordingly.
PETITIONER THROUGH
NEW DELHI DATE
ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(D.U) ADVOCATE CONSULTATION ROOM LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT, NEW DELHI-110003 M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... of 2017 PUBLIC INTEREST LITIGATION
IN THE MATTER OF:…………PETITIONER
PARMESHWARI DEVI Versus
…………RESPONDENTS
UNION OF INDIA AND ORS
URGENT APPLICATION To The Registrar, Delhi High Court, New Delhi-110003
Sir, Kindly treat the accompanying Writ as an urgent one in accordance with the rules of this Hon‟ble High Court. The ground for urgency is mentioned in the accompanying Writ Petition. As prayed for.
PETITIONER THROUGH
NEW DELHI DATE
ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(D.U) ADVOCATE CONSULTATION ROOM LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT, NEW DELHI-110003 M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ......2017 PUBLIC INTEREST LITIGATION IN THE MATTER OF:………PETITIONER
PARMESHWARI DEVI Versus UNION OF INDIA AND ORS
…………. RESPONDENTS
MEMO OF PARTIES 1. PARMESHWARI DEVI, AGE: 61 W/O SHRI RAMPHAL FAOUJI HOUSE NO.521, MAIN BAZAR NAJAFGARH, CHOUDHARIYAN WALI GALI, NEW DELHI-110043 Versus
1. UNION OF INDIA THROUGH SECRETARY MINISTRY of Health & Family Welfare Nirman Bhawan, C-Wing,New Delhi, New Delhi,110001
...RESPONDENT NO. 01
2. GOVERNMENT OF DELHI THROUGH SECRETARY Health and Family Welfare Department 9th level, A-Wing, Delhi Secretariat, I.P Estate, New Delhi-110002
...RESPONDENT NO. 02
WWW.LIVELAW.IN 3. UNION OF INDIA THROUGH SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI
...RESPONDENT NO. 03
PETITIONER THROUGH:
NEW DELHI DATE
ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(DU) ADVOCATE CONSULTATION ROOM LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT, NEW DELHI-110003 M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... of 2017 PUBLIC INTEREST LITIGATION IN THE MATTER OF:PARMESHWARI DEVI
…………PETITIONER
Versus UNION OF INDIA AND ORS …………. RESPONDENTS PUBLIC INTEREST PETITION UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE DIRECTIONS OR ORDER OR WRIT TO RESPONDENTS UNDER SECTION 151 OF CIVIL PROCEDURE CODE, 1908. TO THE HON‟BLE CHIEF JUSTICE AND HER COMPANION JUDGES OF THE HON‟BLE HIGH COURT OF DELHI AT NEW DELHI MOST RESPECTFULLY SHOWETH : 1.
That the Petitioner is filing the instant writ petition in public interest. The petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any person/institution/body and that there is no motive other than of public interest in filling the writ petition.
2.
That the Petition has based the instant writ petition from authentic information available on the public domain and on personal search and verification and observation thus made.
3.
That the petition, if allowed, would benefit the citizens generally as such brazen violation of law by vested interested persons are to be detriment of citizens as a whole as it sets off a wrong pattern. Since these persons are too numerous and have no personal interest in the matter, they are likely to approach this Hon‟ble Court on this issue. Hence the petitioner herein is preferring this PIL.
4.
The affected parties by the orders sought in the Writ Petition would be the state of NCT of Delhi, Respondent No.02 and Union
WWW.LIVELAW.IN of India, represented through its Secretary, as Respondent no.01 and 03, respectively who have been made as respondents as the negligence and breach committed by them in providing the basic 5.
That the Petitioner is renowned social activist for the welfare of women health, sanitation and cleanliness drive in Najafgarh Delhi.
6.
That it can be aptly said about the state of affairs that “one can guarantee delivery of a pizza in 30 minutes in India but not the arrival of ambulance”.
7.
That the Petitioner is wife of Ex Army jawan and resident of the Najafgarh Delhi region who voluntarily without any motive of profit and gain works for the betterment of women‟s condition in the area, sanitation problem and cleanliness drives in Najafgarh.
8.
That the Petitioner saw a massive problem of not having a single government hospital in the area of Najafgarh because of which the pregnant women of the Najafgarh area face great risk and pain when they require a hospital for delivery as the other hospitals are very far off, because of which, both the mother and the fetus are both at risk. Many a times, the women or the baby‟s life is lost because of no nearby government hospital. Thus, the Najafgarh area has been a very neglected one.
9.
That the private hospitals are making huge profits and charge huge amount for treatment; and thus, the general public of the area can‟t even think of getting treated at that place.
10.
That the Constitution of India provides for a welfare State and right to health is protected as a fundamental right to life under Article 21. In fact each district headquarters in most States have one or more Government hospitals where everything from diagnosis to medicine is given for free. In fact most experts agree
WWW.LIVELAW.IN that establishing public healthcare units across the nation is crucial to India's future. 11.
That the private healthcare sector is responsible for the majority of healthcare in India. Most healthcare expenses are paid out of pocket by patients and their families, rather than through insurance. This has led many households to incur Catastrophic Health Expenditure (CHE) which can be defined as health expenditure that threatens a household's capacity to maintain a basic standard of living.
12.
That following a massive electoral mandate in the 2014 elections, the
incumbent
government
unveiled
plans
for
a
nationwide universal health care system known as the National Health Assurance Mission, which would provide all citizens with free drugs, diagnostic treatments, and insurance for serious ailments. In 2015, implementation of a universal health care system was delayed due to budgetary concerns. 13.
That with the help of numerous government subsidies in the 1980s, private health providers entered the market. Opening up of the market in the 1990s gave further impetus to the development of the private health sector in India. Most of the healthcare capacity added after 2005 has been in the private sector, or in partnership with the private sector.
14.
That the private healthcare providers in India typically offer high quality treatment at highly unreasonable costs as there is no regulatory authority or statutory neutral body to check for medical malpractices.
15.
That
on
27,
May
2012,
the
popular
Actor Mr
Aamir
Khans program “Satyamev Jayate” did an episode on "Does
WWW.LIVELAW.IN Healthcare Need Healing?" which highlighted the high costs and other malpractices adopted by private clinics and hospitals. 16.
The National Rural Health Mission (NRHM) was launched in April 2005 by the Government of India. The goal of the NRHM was to provide effective healthcare to rural people with a focus on 18 states which have poor public health indicators and/or weak infrastructure. It has 18,000 ambulances and a workforce of 900,000 community health volunteers and 178,000 paid staff. Only 2% of doctors are in rural areas - where 68% of the population live.
17.
That the National Urban Health Mission as a sub-mission of National Health Mission was approved by the Cabinet on 1 May 2013. It aims to meet health care needs of the urban population with the focus on urban poor, by making available to them essential primary health care services and reducing their out of pocket expenses for treatment.
18.
That the Maternal Health care Disparities in Urban India: Among India's urban population there is a much lower proportion of mothers receiving maternity care among the poorest quartile; only 54 per cent of pregnant women had at least three ante-natal care visits compared to 83 per cent for the rest of the urban population. Less than a quarter of mothers within the poorest quartile received adequate maternity care in Bihar (12 percent), and Uttar Pradesh (20 percent),and less than half in Madhya Pradesh (38 percent), Delhi (41 percent), Rajasthan (42 percent), and Jharkhand (48 percent). Availing three or more ante-natal check-ups during pregnancy among the poorest quartile was better in West Bengal (71 percent), Maharashtra (73 percent).
WWW.LIVELAW.IN 19.
That it is rightly said by Samuel Goldwyn.“A Hospital is no place to be sick”.
20.
That the health care is one of the most complex activities in which human
beings
engage.
Hospitals
are
basically
service
organizations. Healthcare services make up a significant portion of national expenses, and thus it is essential that the nature and quality of services be explored. Patient satisfaction is one of the primary outcome variables when considering healthcare services. Patient satisfaction has become an important performance indicator for the delivery of quality medical care services. The hospital, a major social organization, offers considerable advantages to both the patient and the society. Certain health problems require intensive medical treatment and personal care which normally cannot be made available at home or in the clinic of a doctor, this is possible only in a hospital where a large number of professionally
and
technically
skilled
people
apply
their
knowledge and skill with the help of world class advanced and sophisticated equipment. The first and foremost function of a hospital is to give proper care to the sick and injured without any social, economic or racial discrimination. 21.
That in the past, the hospitals were set up as charity institutions, especially for poor and weaker sections of the society. The only function of those institutions was to care for the sick and poor. Of late, the 2 hospitals are set up with a motto to serve all sections of the society. In addition, some of them are also engaged in conducting and promoting medical education, training and research.
WWW.LIVELAW.IN 22.
That the development of healthcare facilities is influenced not only by the opening of hospitals or health care centers but more so by their administration and management. If hospitals and health care centers are managed properly, there would be an expansion in the medical care facilities, even with the least possible investment.
23.
Today Indian health care industry is business driven and one can see entry of all sorts of service providers to be part of this massive multi core business, growing at the rate of 13% annually. Globalization and privatization have also changed the functioning of the healthcare system. The private health network is spreading fast throughout the country. Economical, political, social, environmental and cultural factors are influencing the health care and the delivery of the health care services. Having viewed healthcare organization under the purview of services to the patient with a focus on patient centered approach, now it would be appropriate to centre on the concept of a hospital.
24.
That a hospital is also a centre for training of health workers and for bio-social research. The hospital is a unique institution of man. A WHO Expert Committee in 1963 proposed the following working definition of a hospital. “A hospital is a residential establishment which provides short-term and long term medical care consisting of observational, diagnostic, therapeutic and rehabilitative services for persons suffering or suspected to be suffering from a disease or injury and for parturient. It may or may not also provide services for ambulatory patients on an outpatient basis”.
WWW.LIVELAW.IN 25.
That the hospital is also a social institution, dealing daily with a broad panorama of human hopes, fears, and concerns. Finally, a hospital is a business, responsible for the efficient, cost-effective provision of wide range of services”.
26.
That broadly the role of modern hospital has two major aspects viz. the curative and preventive aspects. The Curative Aspect: The curative or restorative function of the hospital remains its most important and best appreciated service. This involves firstly diagnosis as an out and in patient service. Early diagnosis and prompt treatment is of prime importance not only for the individual patient but also for the general health and medical care system as well. The curative function includes, apart from diagnosis and treatment, rehabilitation of patients. Rehabilitation means to help the physically and mentally handicapped to resume their normal roles as useful members of the society. The Preventive Aspect: In a developing country like India, with a large population, the importance of preventive aspect of healthcare cannot be undervalued. The preventive aspect includes health education, maintaining hygienic conditions, immunization, etc. In developing countries the bulk of preventive work needs to be decentralized and carried out by health centers situated at the periphery of health services as majority of the population lives in rural areas. The role of modern hospital in this context would be to act as a referral base for health centers.
27.
That our great country India is ranked at 112 out of 190 countries by World Health Organization's 2000 report.
28.
That our country carries a disproportionate burden of the world‟s sick. Home to 17.5% of earth‟s population, India accounts for 20%
WWW.LIVELAW.IN of the global burden of disease, 27% of all neo-natal deaths and 21% of all child deaths (younger than five years). 29.
That under the Constitution of India, health is historically a State issue. The central government retains aspects of policy-making, planning, guiding, evaluating and coordinating the different provincial health authorities and also provides funding to implement national programmes, but the States are responsible for running their own health care system.
30.
That one of the seminal health policy and planning documents, the Health Survey and Development Committee Report also known as the Bhore Committee Report (Bhore, 1946) was published before Independence. The Committee recognized the vast rural–urban disparities in India‟s health services and developed its plan specifically with the rural population in mind. In 1961, the Planning Commission of India proposed increasing hospital beds and organizing hospitals‟ outpatient departments (OPDs) into polyclinics to provide much of the treatment. It also encouraged establishing convalescent homes and dharamshalas (guesthouses) near hospitals to help reduce pressure on hospital inpatient facilities. Nearly 20 years later, however, the 1983 National Health Policy rated health services development as “urban oriented and curative” and brought the focus back to a “comprehensive public health system” with a primary health care approach (MOHFW, 1983).
31.
That the health sector came under the Consumer Protection Act 1986, which provided a mechanism for redressing grievances.
32.
That health and socio-economic development are so closely intertwined that is impossible to achieve one without the other.
WWW.LIVELAW.IN While the economic development in India has been gaining momentum over the last decades, our health system is at the crossroad today. 33.
That the establishment of a robust healthcare system responsive to community needs, particularly for the poor, requires politically difficult and administratively demanding decisions. In fact, health is a priority goal in its own right, as well as the central input into economic development and poverty reduction.
34.
That because of inadequate public healthcare system, maternal death and disability is more than 1,00,000 (One Lakh) , which amounts to 1 maternal death every 5 minutes. What is unfortunate is that more than 75% of these deaths are preventable if proper medical attention can be provided on time and near to the patient. A true copy of the Research and publication of Indian Institute of Management (I.I.M.) Ahemdabad, India on “Health system in India: Opportunities and challenges for improvements by Ramani KV, Mavalankar” is annexed herein as ANNEXURE-P/01.
35.
That „high out of pocket expenditure‟, the last “National Health Accounts” for India published in 2004-05 unambiguously stated: “Among all the sources, households contributed a significant portion at 71.13% of total health expenditure for availing health care services from different health care institutions. This covers expenditure on inpatient, outpatient care, family planning, and immunization, and so forth”.True copy of the hindawi publiocation corporation, Advances in Public Health, Review Article on the challenges confronting public health in India, their origins, and possible solutions by vikas Bajpai,. Centre for social medicine and
WWW.LIVELAW.IN community health, Jawahar Lala Nehru University, New DelhiIndia is annexed herein as ANNEXURE-P/02. 36.
That while the private hospital health sector dominates healthcare delivery across the country, a majority of the population living below the poverty line (BPL)–the ability to spend Rs 47 per day in urban areas, Rs 32 per day in rural areas–continues to rely on the under-financed and short-staffed public sector for its healthcare needs, as a result of which their healthcare needs remain unmet.
37.
That in the Union Budget 2017-18, the overall health budget increased from INR 39,879 crore (US$ 5.96 billion) (1.97% of total Union Budget) to INR 48,878 crore (US$ 7.3 billion) (2.27% of total Union Budget). In addition, the Government of India made following announcements in the Union Budget 2017-18: i.
Harmonise policies and rules for the medical devices industry to encourage local manufacturing and move towards improving affordability for patients.
ii.
Modify the Drugs and Cosmetics Act to promote generics and reduce the cost of medicines.
iii.
Set up two new All India Institute of Medical Sciences (AIIMS) in Gujarat and Jharkhand.
iv.
Convert 1.5 lakh sub centres in Indian villages to health and wellness centres.
v.
Set short and medium term targets for key health indicators and bring down the Maternal Mortality Rate to 100 by 20182020 and Infant Mortality Rate to 28 by 2019.
vi.
Prepare action plans to eliminate Kala Azar and Filariasis by 2017, leprosy by 2018, measles by 2020 and tuberculosis (TB) by 2025.
38.
That the Union Cabinet, Government of India, has approved the National Health Policy 2017, which will provide the policy
WWW.LIVELAW.IN framework for achieving universal health coverage and delivering quality health care services to all at an affordable cost. 39.
That despite recording several gains in health in recent years, India continues to lag several health indicators such as mortality rates and malnutrition. The country carries a disproportionate burden of the world‟s sick. Home to 17.5% of earth‟s population, India accounts for 20% of the global burden of disease, 27% of all neonatal deaths and 21% of all child deaths (younger than five years). In a paper released over the weekend in health journal Lancet, a team of researchers led by Vikram Patel, a professor at London School of Hygiene and Tropical Medicine
40.
That it rightly quoted with the present running conditions of the hospitals that: “Private hospitals is a parked taxi with the meter running”
41.
That it is also rightly quoted that: “You may not be able to read a doctor‟s handwriting and prescription, you will notice his bills are neatly typewritten”.
42.
That the Petitioner have the means to pay the costs, if any, imposed by the Court and Petitioner hereby undertake to pay the cost, if any, in this respect.
43.
That the Petitioner had duly sent Representation dated 28/09/2015, to the Respondents. The true copy of the same is annexed herein as ANNEXURE-A/03.
44.
That Petitioner has not filed any similar petition in any court throughout India in any other Hon‟ble High court and Hon‟ble Supreme Court of India.
45.
That the present petition is filed on the following grounds :
WWW.LIVELAW.IN GROUNDS A.
BECAUSE the Najafgarh area has a massive problem of not having a single government hospital because of which the pregnant women of the Najafgarh area facing great risk and pain when they require a hospital for delivery as the other hospitals are very far off, because of which, both the mother and the fetus are at risk. Many a times, the women or the baby‟s life is lost because of no nearby government hospital. Thus, the Najafgarh area has been a very neglected one.
B.
BECAUSE the private hospitals are making profits of the incompetency of establishing a state run hospital in the area and they charge huge amount of treatment charges that no one can thing top get treatment in the said hospital.
C.
BECAUSE in our country, the Constitution of India provides for a welfare State and right to health is protected as a fundamental right to life under Article 21. In fact each district headquarters in most States have one or more Government hospitals where everything from diagnosis to medicine is given for free. In fact most experts agree that establishing public healthcare units across the nation is crucial to India's future.
D.
BECAUSE India is a Welfare State and health and socio-economic development are so closely intertwined that is impossible to achieve one without the other. While the economic development in India has been gaining momentum over the last decades, our health system is at the crossroad today.
WWW.LIVELAW.IN E.
BECAUSE the private healthcare sector is responsible for the majority of healthcare in India. Most healthcare expenses are paid out of pocket by patients and their families, rather than through insurance. This has led many households to incur Catastrophic Health Expenditure (CHE) which can be defined as health expenditure that threatens a household's capacity to maintain a basic standard of living.
F.
BECAUSE following a massive electoral mandate in the 2014 elections, the incumbent government unveiled plans for a nationwide universal health care system known as the National Health Assurance Mission, which would provide all citizens with free drugs, diagnostic treatments, and insurance for serious ailments. In 2015, implementation of a universal health care system was delayed due to budgetary concerns.
G.
BECAUSE with the help of numerous government subsidies in the 1980s, private health providers entered the market. Opening up of the market in the 90s gave further impetus to the development of the private health sector in India. Most of the healthcare capacity added after 2005 has been in the private sector, or in partnership with the private sector.
H.
BECAUSE the private healthcare providers in India typically offer high quality treatment at highly unreasonable costs as there is no regulatory authority or statutory neutral body to check for medical malpractices.
I.
BECAUSE the National Urban Health Mission as a sub-mission of National Health Mission was approved by the Cabinet on 1 May 2013. It aims to meet health care needs of the urban population with the focus on urban poor, by making available to them essential
WWW.LIVELAW.IN primary health care services and reducing their out of pocket expenses for treatment. J.
BECAUSE the Maternal Health care Disparities in Urban India: Among India's urban population there is a much lower proportion of mothers receiving maternity care among the poorest quartile; only 54 per cent of pregnant women had at least three ante-natal care visits compared to 83 per cent for the rest of the urban population. Less than a quarter of mothers within the poorest quartile received adequate maternity care in Bihar (12 percent), and UttarPradesh (20 percent),and less than half in Madhya Pradesh (38 percent), Delhi (41 percent), Rajasthan (42 percent), and Jharkhand (48 percent). Availing three or more ante-natal check-ups during pregnancy among the poorest quartile was better in West Bengal (71 percent), Maharashtra (73 percent).
K.
BECAUSE the organizations engaged in hospital business provide a wide variety of services like providing beds, complete nursing to the patients or providing equipment for diagnosing all sorts of ailments, arranging transportation in the form of ambulances, catering services, etc. to the patients.
L.
BECAUSE globalization and privatization have also changed the functioning of the healthcare system. The private health network is spreading fast throughout the country. Economical, political, social, environmental and cultural factors are influencing the health care and the delivery of the health care services. Having viewed healthcare organization under the purview of services to the patient with a focus on patient centered approach, now it would be appropriate to centre on the concept of a hospital.
WWW.LIVELAW.IN M.
BECAUSE the World Health Organization (WHO) defines modern hospitals thus: “A hospital is an integral part of social and medical organization, the function of which is to provide complete healthcare for the population, both curative and preventive and whose out-patient.
N.
BECAUSE the hospital is also a social institution, dealing daily with a broad panorama of human hopes, fears, and concerns. Finally, a hospital is a business, responsible for the efficient, costeffective provision of wide range of services”.
O.
BECAUSE the broadly the role of modern hospital has two major aspects viz. the curative and preventive aspects. The Curative Aspect: The curative or restorative function of the hospital remains its most important and best appreciated service. This involves firstly diagnosis as an out and in patient service. Early diagnosis and prompt treatment is of prime importance not only for the individual patient but also for the general health and medical care system as well. The curative function includes, apart from diagnosis and treatment, rehabilitation of patients. Rehabilitation means to help the physically and mentally handicapped to resume their normal roles as useful members of the society. The Preventive Aspect: In a developing country like India, with a large population, the importance of preventive aspect of healthcare cannot be undervalued. The preventive aspect includes health education, maintaining hygienic conditions, immunization, etc. In developing countries the bulk of preventive work needs to be decentralized and carried out by health centers situated at the periphery of health services as majority of the population lives in rural areas. The role
WWW.LIVELAW.IN of modern hospital in this context would be to act as a referral base for health centers. P.
BECAUSE our great country India is ranked at 112 out of 190 countries by World Health Organization's 2000 report.
Q.
BECAUSE our country carries a disproportionate burden of the worlds sick. Home to 17.5% of earth‟s population, India accounts for 20% of the global burden of disease, 27% of all neonatal deaths and 21% of all child deaths (younger than five years
R.
BECAUSE under the Constitution of India, health is historically a State subject. The central government retains aspects of policymaking, planning, guiding, evaluating and coordinating the different provincial health authorities and also provides funding to implement national programmes, but the States are responsible for running their own health care.
S.
BECAUSE one of the seminal Bhore Committee Report (Bhore, 1946) recognized the vast rural–urban disparities in India‟s health services and developed its plan specifically with the rural population in mind. In 1961, the Planning Commission of India proposed increasing hospital beds and organizing hospitals‟ outpatient departments (OPDs) into polyclinics to provide much of the treatment. It also encouraged establishing convalescent homes and dharamshalas (guesthouses) near hospitals to help reduce pressure on hospital inpatient facilities. Nearly twenty years later, however, the 1983 National Health Policy rated health services development as “urban oriented and curative” and brought the focus back to a “comprehensive public health system” with a primary health care approach (MOHFW, 1983).
WWW.LIVELAW.IN T.
BECAUSE the health sector came under the Consumer Protection Act 1986, which provided a mechanism for redressing grievances.
46.
BECAUSE the establishment of a robust healthcare system responsive to community needs, particularly for the poor, requires politically difficult and administratively demanding decisions. In fact, health is a priority goal in its own right, as well as the central input into economic development and poverty reduction.
U.
BECAUSE of not having the adequate health system maternal death and disability is more than 1,00,000 (One Lakh) which amounts to 1 maternal death every 5 minutes. What is unfortunate is that more than 75% of these deaths are preventable if proper medical attention can be provided on time and near to the patient.
V.
BECAUSE while the private hospital health sector dominates healthcare delivery across the country, a majority of the population living below the poverty line (BPL)–the ability to spend Rs 47 per day in urban areas, Rs 32 per day in rural areas–continues to rely on the under-financed and short-staffed public sector for its healthcare needs, as a result of which their healthcare needs remain unmet.
W.
BECAUSE in the Union Budget 2017-18, the overall health budget increased from INR 39,879 crore (US$ 5.96 billion) (1.97% of total Union Budget) to INR 48,878 crore (US$ 7.3 billion) (2.27% of total Union Budget). In addition, the Government of India made following announcements in the Union Budget 2017-18:
X.
BECAUSE time has come to harmonize policies and rules for the medical devices industry to encourage local manufacturing and move towards improving affordability for patients. i.
Modify the Drugs and Cosmetics Act to promote generics and reduce the cost of medicines.
WWW.LIVELAW.IN ii.
Set up two new All India Institute of Medical Sciences (AIIMS) in Gujarat and Jharkhand.
iii.
Convert 1.5 lakh sub centres in Indian villages to health and wellness centres.
iv.
Set short and medium term targets for key health indicators and bring down the Maternal Mortality Rate to 100 by 20182020 and Infant Mortality Rate to 28 by 2019.
v.
Prepare action plans to eliminate Kala Azar and Filariasis by 2017, leprosy by 2018, measles by 2020 and tuberculosis (TB) by 2025.
Y.
BECAUSE the Union Cabinet, Government of India, has approved the National Health Policy 2017, which will provide the policy framework for achieving universal health coverage and delivering quality health care services to all at an affordable cost. The same has to be given effect in its true spirit.
Z.
BECAUSE
despite recording several gains in health in recent
years, India continues to lag several health indicators such as mortality
rates
and
malnutrition.
The
country
carries
a
disproportionate burden of the world‟s sick. Home to 17.5% of earth‟s population, India accounts for 20% of the global burden of disease, 27% of all neonatal deaths and 21% of all child deaths (younger than five years). AA. BECAUSE it rightly quoted with the present running conditions of the hospitals that: “Private hospitals is a parked taxi with the meter running” And
WWW.LIVELAW.IN “You may not be able to read a doctor‟s handwriting and prescription, you will notice his bills are neatly typewritten”. BB. That in one of the landmark Judgments delivered by Hon‟ble Apex Court,herein, Bandhua Mukti Morcha etc Vs.Union of India and Ors. AIR 1984 SC 802; the Hon‟ble Apex Court rightly addressed the types of conditions necessary for enjoyment of health. The Court held that right to live with human dignity also involves right to “protection of health”. CC. That in one of the landmark Judgments delivered by Hon‟ble Apex Court, herein, Consumer Education and Research Centre v. Union of India (1995)3 SCC 42; the Hon‟ble Supreme Court for the first time explicitly held that „[t]he right to health . . . is an integral fact of [a] meaningful right to life.‟ This case was concerning the occupational health hazards faced by workers in the asbestos industry in Hon‟ble Apex Court rightly propounded and Held that--Reading Article 21 with the relevant directive principles guaranteed in articles 39 (e), 41 and 43, the Supreme Court held that the right to health and medical care is a fundamental right and it makes the life of the workman meaningful and purposeful with the dignity of person.
This recognition established a framework for addressing health concerns within the rubric of public interest litigation and in a series of subsequent cases, the Court held that it is the obligation of the State not only to provide emergency medical services but also to ensure the creation of conditions necessary for good health,
WWW.LIVELAW.IN including provisions for basic curative and preventive health services and the assurance of healthy living and working conditions.
DD. That in one of the landmark Judgments delivered by Hon‟ble Apex Court, herein, in Paschim Banga Khet Mazdoor Samityand Ors., vs. State of West Bengal-1996(4) SCC 37; In this case, Hakim Sheikh, a member of the Paschim Banga Khet Mazdoor Samity, fell off a train and suffered serious head injuries. He was brought to a number of State hospitals, including both primary health centres and specialist clinics, for treatment of his injuries. Seven State hospitals were unable to provide emergency treatment for his injuries because of a lack of bed space and trauma and neurological services. He was finally taken to a private hospital where here received his treatment. Feeling aggrieved by the callous and insensitive attitude of the government hospitals in Calcutta in providing emergency treatment, the petitioner therein filed the concerned petition in the Supreme Court and sought compensation.
The issue presented to the Court was whether the lack of adequate medical facilities for emergency treatment constitute denial of the fundamental right to life under Article 21. In this case Hon‟ble Apex Court rightly said Article 21 of the Constitution casts an obligation on the state to take every measure to preserve life. The Court found that it is the primary duty of a welfare state to ensure that medical facilities are adequate and available to
WWW.LIVELAW.IN provide treatment and due to the violation of the right to life of the petitioner, compensation was awarded to him. The Hon‟ble Court recognized that substantial expenditure was needed to ensure that medical facilities were adequate. However, it held that a state could not avoid this constitutional obligationon account of financial constraints. EE.
That in one of the landmark Judgments delivered by Hon‟ble Apex Court,
Murli Deora v. Union of India and Ors, (2001)8 SCC
765; In this case, In a public interest litigation, the Supreme Court prohibited smoking in public places in the entire country on the grounds that smoking is injurious to health of passive smokers and issued directions to the Union of India, State Governments as well as the Union Territories to take effective steps to ensure prohibiting smoking in all public places such as auditoriums, hospital buildings, health institutions, educational institutions, libraries, courts, public offices and public conveyances, including railways. FF.
BECAUSE the Petitioner have the means to pay the costs, if any, imposed by the Court and Petitioner hereby undertake to pay the cost, if any, in this respect.
GG. BECAUSE the Petitioner had duly sent Representation dated 28/09/2015, to the Respondents as everything is within the knowledge of Respondents through print media reports in public domain and news channels. HH. BECAUSE Petitioner has not filed any similar petition in any court throughout India in any other Hon‟ble High court and Hon‟ble Supreme Court of India.
WWW.LIVELAW.IN HENCE THE PRSENT WRIT PETITION IN FORM OF PUBLIC INTEREST LITIGATIOIN PRAYER It is most respectfully prayed to this Hon‟ble Court to kindly be pleased to : 1.
Issue Writ in nature of Mandamus or Direction or Order to Respondents to establish and open new affordable Government Hospitals in the Najafgarh Region;
2.
Issue Writ in nature of Mandamus or Direction or Order to Respondents to open public toilet facilities for public, especially women in the Najafgarh Region;
3.
Issue Writ in nature of Mandamus or Direction or Order to Respondents to allot and open more parking space for the vehicles of the residents and the guests who visit Najafgarh region.; Pass any other or further order(s) as this Hon‟bleCourt may deem fit and proper in the facts and circumstances of the case and in the interest of justice; PETITIONER THROUGH: NEW DELHI DATED
ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(DU) ADVOCATE CONSULTATION ROOM, LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... /2017 PUBLIC INTEREST LITIGATION IN THE MATTER OF:PARMESHWARI DEVI
.………PETITIONER Versus ……….RESPONDENTS
UNION OF INDIA AND ORS
AFFIDAVIT I, PARMESHWARI DEVI, AGE: 61, W/O SHRI RAMPHAL FAOUJI R/O
HOUSENO.521,
MAINBAZAR,
NAJAFGARH,
CHOUDHARIYAN WALI GALI,NEW DELHI-110043, 1.
That I have filed the present writ petition as a Public Interest Litigation.
2.
That I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.
3.
That I have no personal interest in the litigation and neither myself nor anybody in whom I am interested would in any manner benefit from the relief sought in the present litigation save as a member of the General Public. This petition is not guided by self gain or gain of any person, institution, body and there is no motive other than of Public Interest in filing this petition.
4.
That I have done whatsoever inquiry/investigation which was in my power to do, to collect all data/material which was available and which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present writ petition any data/material/information which may have
WWW.LIVELAW.IN enabled this court to form an opinion whether to entertain this petition or not and/or whether to grant any relief or not. DEPONENT VERIFICATION: Verified at New Delhi on this ….. Day of August, 2017 that the contents of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed there from. DEPONENT NEW DELHI DATED THROUGH ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(DU) ADVOCATE CONSULTATION ROOM, LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... /2017 PUBLIC INTEREST LITIGATION IN THE MATTER OF:PARMESHWARI DEVI
.………PETITIONER Versus
UNION OF INDIA AND ORS
……….RESPONDENTS
APPLICATION UNDER SECTION 151 CODE OF CIVIL PROCEDURE,1908. FOR EXEMPTION FROM FILING THE CERTIFIED& TRUE TYPED COPIES OF THE ANNEXURES. MOST RESPECTFULLY SHOWETH: 1.
That the Applicant has filed True Typed Copies of the various print, National news paper reporting as Annexures and other documents, The Applicant undertakes to file the certified copies when this Hon‟ble Court so orders or as and when the Applicant would be supplied the same. PRAYER It is, therefore, prayed in the interest of justice that the Applicant may kindly be exempted from filing the certified copies& True Typed copies of the documents / annexures for the time being, The true copies of the same may kindly be taken on record for the purposes of hearing the present petition, Such other and further orders be also made as are deemed fit and proper in the facts and circumstances of the case.
DEPONENT
WWW.LIVELAW.IN VERIFICATION: Verified at New Delhi on this ….. Day of August, 2017 that the contents of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed there from.
DEPONENT
THROUGH:
NEW DELHI DATED ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(DU) ADVOCATE CONSULTATION ROOM, LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT M:-9654-77-1281
WWW.LIVELAW.IN IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRAORDINARY CIVIL JURISDICTION WRIT PETITION (CIVIL) ...... /2017 PUBLIC INTEREST LITIGATION IN THE MATTER OF:PARMESHWARI DEVI
.………PETITIONER Versus ……….RESPONDENTS
UNION OF INDIA AND ORS AFFIDAVIT
I, PARMESHWARI DEVI, AGE: 61, W/O SHRI RAMPHAL FAOUJI R/O HOUSENO.521, MAINBAZAR, NAJAFGARH, CHOUDHARIYAN WALI GALI,NEW DELHI-110043, do hereby solemnly affirm and state as under:1.
That I am the Petitioner in the abovementioned Application and as such am well conversant with the facts of the case and competent to swear this affidavit.
2.
That I have gone through the accompanying application for exemption and I say that the facts stated therein are true to my knowledge, DEPONENT VERIFICATION: Verified at New Delhi on this ……Day of August, 2017 that the contents of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therefrom. DEPONENT THROUGH NEW DELHI DATED
ABHISHEK KUMAR CHOUDHARY B.COM (HONS),LL.B.,LL.M.(DU) ADVOCATE CONSULTATION ROOM, LAWYERS CHAMBER BLOCK-I DELHI HIGH COURT M:-9654-77-1281
