Loading, please wait...
124 judgments found.


Dr. Ashok v. Union of India and others

Country: India
Year: 1997
Court: Supreme Court
Citation: AIR 1997 SC 2298
Health Topics: Diet and nutrition, Environmental health
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Amongst the several chemicals used industrially, some insecticides, colour additives and food additives (the chemicals) were approved for use in India even though they were banned in “advanced countries” as they carried carcinogenic properties. These facts were mentioned in a letter sent by Dr. Ashok (the Petitioner) to the Chief Justice of India. The Court …Read more

Tags: Biohazard, Contamination, Food safety, Pesticide, Pollution
Download Judgment: English

Bandhua Mukti Morcha v. Union of India and Others

Country: India
Year: 1997
Court: Supreme Court
Citation: (1997) 10 SCC 549
Health Topics: Child and adolescent health, Diet and nutrition, Occupational health, Poverty
Human Rights: Right to education, Right to food, Right to health, Right to life, Right to social security, Right to work
Facts:

Carpet industries in Uttar Pradesh employed children, under the age of 14, where they were “being treated as slaves” and were “subjected to physical torture.” This writ petition was filed in the Supreme Court under Article 32 as a public interest matter. The Court immediately commissioned a report to determine whether children under the age …Read more

Tags: Child development, Child labor, Children, Diet, Indigent, Informal economy, Low income, Malnutrition, Minor, Occupational health and safety, Poor, Underprivileged
Download Judgment: English

Daljit Singh v. State of Punjab and others

Country: India
Year: 1997
Court: High Court - Punjab and Haryana
Citation: 1997 (116) PunLR 600
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

Mr Daljit Singh, the Petitioner, was a retired lecturer from the Government Senior Secondary School. He underwent coronary bypass surgery at a private hospital. The Petitioner submitted his medical bills in 1991, but had not received any reimbursement six years after submitting the bills. The Petitioner filed a petition in the High Court under Article …Read more

Tags: Access to treatment, Reimbursement, Secondary care
Download Judgment: English

Kartar Singh Virk v. State of Punjab and Ors

Country: India
Year: 1997
Court: High Court - Punjab and Haryana
Citation: (1997) 116 PLR 573
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life
Facts:

The Petitioner, Kartar Singh Virk, a retired government employee, underwent a by-pass surgery. His request to the Deputy Commissioner for reimbursement of medical expenses incurred was repeatedly rejected. The Petitioner filed the petition in the Punjab and Haryana High Court under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Court …Read more

Tags: Access to treatment, Reimbursement, Secondary care
Download Judgment: English

Mrs. Shantha vs. State Of Andhra Pradesh and Ors

Country: India
Year: 1997
Court: High Court - Andhra Pradesh
Citation: 1999 ACJ 454; AIR 1998 AP 51; 1997 (4) ALT 357
Health Topics: Medical malpractice, Poverty
Human Rights: Right to health, Right to life
Facts:

Mrs. Shantha, the Petitioner, was admitted to the Government Maternity Hospital for a caesarian section. She was affected sterilization after the caesarian section. On leaving the hospital after the operation, she felt abdominal discomfort leading to very severe pain. Following medical examination, it was discovered that surgical equipment had been left inside the Petitioner’s abdomen …Read more

Tags: Inadequate treatment, Inappropriate treatment, Indigent, Low income, Negligence, Poor, Underprivileged
Download Judgment: English

Mx of Bombay Indian Inhabitant v. M/S. Zy and Anr

Country: India
Year: 1997
Court: High Court - Bombay
Citation: AIR 1997 Bom 406; 1997 (3) BomCR 354; (1997) 2 BOMLR 504
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to life, Right to work
Facts:

The Petitioner, MX, was a casual labourer working for the Respondent, M/s ZY, a State owned corporation. Before his employment could be regularized, the Respondent required the Petitioner to undergo medical tests, including tests for HIV antibodies. The Petitioner passed all fitness requirements presented in the examination except those for HIV antibodies. The Respondent, upon …Read more

Tags: AIDS, HIV, HIV positive, HIV status, Injecting drug users, Occupational health and safety, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Underprivileged
Download Judgment: English

Sanjay Phophaliya v. State of Rajasthan and Ors

Country: India
Year: 1997
Court: High Court - Rajasthan
Citation: AIR 1998 Raj 96; 1997 (3) WLC 431; 1997 (2) WLN 112
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life
Facts:

Petition stated that no appropriate steps had been taken by the Municipal Board to take custody of the stray dogs roaming in the public roads, despite the Municipal Board’s responsibility to keep the public spaces clean and abate public nuisances. These stray dogs had created a hindrance in public transport and had proved dangerous to …Read more

Tags: Cleanliness, Pollution, Waste management
Download Judgment: English

Hamid Khan vs State of M.P. And Ors.

Country: India
Year: 1997
Court: Madhya Pradesh
Citation: AIR 1997 MP 191
Facts:

A Public Interest Litigation under Article 226 of the Constitution of India was filed by a public-spirited advocate of Mandala, alleging the State Government of apathy and gross negligence in not supplying clean drinking water from hands pumps, which has caused into colossal damage to the village population resulting into bone/skeletal deformities and dental issues. …Read more

Tags: Disabilities, Environmental health, Public safety, Right to a Clean Environment, Right to Health, Right to Life, Right to water and sanitation, sanitation and hygiene, Water
Download Judgment: English

Paschim Banga Khet Mazdoorsamity v. State of West Bengal and Anr

Country: India
Year: 1996
Court: Supreme Court
Citation: 1996 SCC (4) 37; JT 1996 (6) 43; 1996 SCALE (4) 282
Health Topics: Health care and health services, Health systems and financing, Hospitals, Medical malpractice, Poverty
Human Rights: Right to health, Right to life
Facts:

The Applicant, Hakim Seikh, fell from a train one evening and suffered severe head injuries. He approached, and was turned away from, six different hospitals during the course of this evening. Hakim eventually spent Rs. 17,000.00 for treatment at the Calcutta Medical Research Institute. The hospitals kept turning him away because they claimed not to …Read more

Tags: Duty of care, Emergency care, Public hospitals
Download Judgment: English

State of Punjab and Ors. v. Mohinder Singh Chawala

Country: India
Year: 1996
Court: Supreme Court
Citation: CIVIL APPEAL NOS.16980-81 OF 1996
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Mohinder Singh (the Respondent) had a heart ailment, the treatment for which was not available in the State of Punjab. After obtaining the requisite permission, he received the appropriate treatment from All India Institute of Medical Sciences (AIIMS), New Delhi, a state run hospital. On submitting the bills for reimbursement, bills for room rent paid …Read more

Tags: Public hospitals, Tertiary care
Download Judgment: English

M.C. Mehta v. State of Tamil Nadu and others

Country: India
Year: 1996
Court: Supreme Court
Citation: AIR 1997 SC 699; (1996) 6 SCC 756; 1996 (9) SCALE 42; JT 1996 (11) SC 685
Health Topics: Child and adolescent health, Occupational health
Human Rights: Right to education, Right to favorable working conditions, Right to work
Facts:

The Petitioner was an individual concerned about the high rate of employment of children in the Match factories of Sivakasi in Kamaraj District of Tamil Nadu State. He contended that such employment was hazardous and unconstitutional. Being aggrieved, he filed a writ petition under Article 32 of the Constitution. The Respondent Government did not deny …Read more

Tags: Child development, Child labor, Children, Minor
Download Judgment: English

Surjit Singh v. State of Punjab and others

Country: India
Year: 1996
Court: Supreme Court
Citation: 1996 AIR 1388; 1996 SCC (2) 336; JT 1996 (2) 28; 1996 SCALE (1)648
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to life
Facts:

Surjit Singh, the Appellant, developed a heart condition when he was the Deputy Superintendent Police. While on leave to visit his son in England, the Appellant had to be admitted into a hospital for by-pass surgery. On returning to India, he submitted his medical bills for reimbursement. The State of Punjab, the Respondent, had agreed …Read more

Tags: Public hospitals, Tertiary care
Download Judgment: English

Kirloskar Brothers Ltd. v. Employees State Insurance Corp.

Country: India
Year: 1996
Court: Supreme Court
Citation: (1996) 1 SCR 884; (1996) 2 SCC 682; JT 1996 (2) 159; 1996 SCALE (2)1
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

Kirloskar Brothers Ltd., the Appellant, had its registered office in Maharashtra with regional offices in Karnataka and Andhra Pradesh. The Employees State Insurance Corporation, the Respondent, required the Appellant to contribute their share for their workmen’s health insurance, as required by Section 3(9) of the Employees’ State Insurance Act, 1948 (the Act). Disputing the liability, …Read more

Tags: Health insurance
Download Judgment: English

Mahendra Pratap Singh v. State of Orissa and Others

Country: India
Year: 1996
Court: High Court - Orissa
Citation: AIR 1997 Ori 37
Health Topics: Health care and health services, Hospitals
Human Rights: Right to health, Right to life
Facts:

The Government of Orissa had failed to open a health facility in a village, despite meeting a number of prescribed conditions. The first condition concerned the minimum provision of land by the local people, within a prescribed timeframe. The second requirement was the provision of adequate buildings for the facility and staff. The Petitioner claimed …Read more

Tags: Access to treatment, Clinics, Primary care
Download Judgment: English

DEVINDAR SINGH SHERGIL VS. STATE OF PUNJAB AND OTHERS

Country: India
Year: 1996
Court: Supreme Court of India
Citation: (1998) 8 SCC 552
Health Topics: Health care and health services, Health systems and financing
Human Rights: Right to health
Facts:

The appellant, a retired government official was informed by Postgraduate Institute of Medical Sciences, Chandigarh that no accommodation was available in the hospital at the time when he needed an urgent surgery to be performed against a malignant growth in his kidney. Consequently, he went immediately to the United Kingdom to get his surgery done …Read more

Tags: Duty of care, public health
Download Judgment: English

L.I.C. of India and Anr v. Consumer Education and Research Centre and Ors

Country: India
Year: 1995
Court: Supreme Court
Citation: 1995 AIR 1811; 1995 SCC (5) 482; JT 1995 (4) 366; 1995 SCALE (3)627
Health Topics: Health care and health services, Health systems and financing
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to social security
Facts:

Section 2(11) of the Insurance Act, 1938 defined life insurance business as “business effecting contracts of insurance upon human life, including any contract where by the payment of money is assured upon death.” Life Insurance Corporation of India (LIC), a state owned insurance company, took out its cheapest life insurance policy, “Table 58”. It was …Read more

Download Judgment: English

Consumer Education and Research Centre, et al. v. Union of India and Others

Country: India
Year: 1995
Court: Supreme Court of India
Citation: Consumer Educ. & Research Ctr. v. Union of India, 1995 S.C.C. (3) (India).
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life, Right to social security
Facts:

The Consumer Education and Research Center filed several writ petitions against the State of India under Article 32 (obligation to promote social justice and welfare of the people) of the Indian Constitution regarding the protection of workers against the occupational health hazards and diseases associated with asbestos exposure. The petitioner applied for remedial measures to …Read more

Tags: Asbestos, Health insurance, Occupational hazards, Occupational health and safety, Safe working conditions, Workers' compensation
Download Judgment: English

Supreme Court Legal Aid Committee v. State of M.P. and Others

Country: India
Year: 1994
Court: Supreme Court
Citation: AIR 1995 SC 204; JT 1994 (6) SC 40; 1994 (3) SCALE 1042; 1994 Supp (3 ) SCC 489; 1994 (2) UJ 623
Health Topics: Hospitals, Mental health
Facts:

The writ petition related to the malfunctioning of administration of the Gwalior Mansik Arogyashala (the Hospital).

Tags: Mental disorder, Mental illness, Mental institution, Public hospitals
Download Judgment: English

Prasanta Kumar Rout v. Government of Orissa

Country: India
Year: 1994
Court: High Court - Orissa
Citation: 1994 II OLR 444
Health Topics: Disasters and emergencies, Environmental health
Human Rights: Right to life
Facts:

The Cuttack Development Authority (CDA) developed a new township called Ahbhinaba Bidanasi Kattaka to relieve the congestion of the city of Cuttack.  In 1994 a bout of heavy rains caused nearby rivers to flood Abhunaba Bidanasi Kanaka, cutting off the area from Cuttack, submerging local hospitals, and provoking looting.  The people of Abhunaba Bidanasi Kanaka …Read more

Tags: Flooding, Humanitarian crisis, Natural disasters
Download Judgment: English

Dr. K.C. Malhotra v. State of Madhya Pradesh and Ors

Country: India
Year: 1993
Court: High Court - Madhya Pradesh
Citation: AIR 1994 MP 48
Health Topics: Child and adolescent health, Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
Facts:

Petitioner, a medical practitioner, filed a petition requesting that the court direct the State of Madhya Pradesh and the Municipal Corporation, Gwalior to clean up the open drains, dirt, and contaminated water and rubbish which the petitioner claimed resulted in the spread of a cholera epidemic. The Municipal Corporation claimed that it performed it obligatory …Read more

Tags: Children, Cholera, Drinking water, Minor, Pediatric health, Pollution, Sewage, Trash, Waste management, Water-borne disease
Download Judgment: English

C.E.S.C. Ltd. v. Subhash Chandra Bose and Ors

Country: India
Year: 1991
Court: Supreme Court
Citation: 1992 AIR 573; 1991 SCR Supl. (2) 267; MANU/SC/0466/1992
Health Topics: Health systems and financing, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

Calcutta Electricity Supply Corporation (India) Ltd. (CESC), the Appellant, engaged contractors (the Respondents), including Mr. Subhash Chandra Bose, to provide “excavation, conversion of overhead electric lines and laying of underground cables under public roads, as well as for repair and maintenance.” The Regional Director of the Employees State Insurance Corporation (ESIC) notified the Appellant that …Read more

Tags: Health insurance, Occupational hazards, Occupational health and safety, Workers' compensation
Download Judgment: English

Subhash Kumar v. State of Bihar and others

Country: India
Year: 1991
Court: Supreme Court
Citation: A.I.R. 1991 S.C. 420 (India).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to life
Facts:

The petitioner, an influential businessman, filed a public interest litigation claim against two iron and steel companies, which the petitioner claimed had created health risks by dumping surplus waste from factory washeries in the form of sludge and slurry into the nearby Bokaro river. According to the petitioner, the sludge and slurry had been deposited …Read more

Tags: Biohazard, Biosafety, Contamination, Environmental degradation, Environmental hazards, Industrial hygiene, Industrial waste, Toxic waste, Water pollution
Download Judgment: English

M.C. Mehta v. State of Tamil Nadu, et al.(Sivaski child labor case)

Country: India
Year: 1990
Court: Supreme Court
Citation: AIR 1991 SC 417; (1991) 1 Mlj 44 (SC); 1990 (2) SCALE 947); [1991] 3 SCR 312
Health Topics: Child and adolescent health, Occupational health, Poverty
Human Rights: Right to education, Right to favorable working conditions, Right to work
Facts:

The Petitioner was an individual concerned about the high rate of employment of children in the Match factories of Sivakasi in Kamaraj District of the State of Tamil Nadu. Petitioner contended that such employment was hazardous and unconstitutional. He filed a writ petition under Article 32 of the Constitution seeking educational, medical and health facilities …Read more

Tags: Child development, Child labor, Children, Minor, Occupational accident, Occupational hazards, Occupational health and safety, Pediatric health, Safe working conditions
Download Judgment: English

B. Krishna Bhat v. Union of India

Country: India
Year: 1990
Court: Supreme Court
Citation: JT 1990 (2) SC 34; 1990 (1) SCALE 653; (1990) 3 SCC 65; [1990] 2 SCR 1; 1990 (2) UJ 198
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

The Petitioner, an individual, challenged the constitutionality of Sub-clause (b) of Rule 11 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 (the Rule). The Rule stated that “license for sale shall be issued to only such company owned or controlled by the State Government as the State Govt. may specify.” The …Read more

Tags: Alcohol, Drug abuse, Substance abuse
Download Judgment: English

Pt. Parmandand Katara v. Union of India and Ors

Country: India
Year: 1989
Court: Supreme Court
Citation: 1989 AIR 2039; 1989 SCR (3) 997; 1989 SCC (4) 286; JT 1989 (3) 496; 1989 SCALE (2) 380
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to health, Right to life
Facts:

After being knocked down in a motor accident with a speeding car, a scooter driver was taken to the nearest hospital by a good Samaritan. The nearest hospital refused to treat the victim. It directed him to another hospital twenty kilometres away which was apparently better suited to provide treatment in medico-legal cases. The victim …Read more

Tags: Duty of care, Emergency care, Negligence, Tort
Download Judgment: English

Lucy D’Souza v. State of Goa

Country: India
Year: 1989
Court: High Court - Bombay
Citation: AIR 1990 Bom 355
Health Topics: HIV/AIDS, Infectious diseases
Human Rights: Freedom of movement and residence, Right to due process/fair trial, Right to liberty and security of person
Facts:

The Goa, Daman and Diu Public Health Act, 1985 (the Act) under Section 53(1)(vii) (the Section) gave the State Government the power to “isolate persons found to be positive for Acquired Immuno Deficiency Syndrome (AIDS), for such period and on such conditions as may be considered necessary.” The Section contained other provisions, including mandatory isolation …Read more

Tags: AIDS, HIV, HIV positive, HIV status, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Vikram v. State of Bihar

Country: India
Year: 1988
Court: Supreme Court
Citation: 1988 AIR 1782; 1988 SCR Supl. (1) 755;1988 SCC Supl. 734; JT 1988 (3) 186; 1988 SCALE (2) 325
Health Topics: Diet and nutrition, Health care and health services, Hospitals, Mental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to housing, Right to life, Right to water and sanitation
Facts:

This writ petition had been filed in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for violation of fundamental rights), as a result of a letter outlining the condition of women in a “care home.” It was alleged in the letter that female inmates were made to live …Read more

Tags: Access to health care, Access to treatment, Cleanliness, Diet, Health facilities, Malnutrition, Mental disability, Mental illness, Mental institution, Primary care, Sewage
Download Judgment: English

M.C. Mehta v. Union of India (Kanpur Tanneries)

Country: India
Year: 1988
Court: Supreme Court
Citation: 1988 AIR 1115; 1988 SCR (2) 530; 1988 SCC (1) 471; JT 1988 (1) 69
Health Topics: Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
Facts:

Due to discharge of untreated effluents in the Ganga river, the water of the river was rendered unsafe for drinking, fishing and bathing purposes, essentially creating a public nuisance. In M.C. Mehta v. Union of India & ors., ((1987) 4 S.C.C. 463), the Court had held the city municipality, Kanpur Nagar Mahapalika (Mahapalika), responsible for …Read more

Tags: Biohazard, Biosafety, Cleanliness, Contamination, Environmental degradation, Malaria, Pollution, Sewage, Typhoid, Waste management
Download Judgment: English

Rakesh Chandra Narayan v. State of Bihar and Others

Country: India
Year: 1988
Court: Supreme Court
Citation: 1989 AIR 348; 1988 SCR Supl. (3) 306; 1989 SCC Supl. (1) 644; JT 1988 (4) 233; 1988 SCALE (2) 965
Health Topics: Diet and nutrition, Health care and health services, Health systems and financing, Hospitals, Medicines, Mental health, Water, sanitation and hygiene
Facts:

In 1985 the Petitioners wrote a letter to the Court regarding the deteriorating state of the Ranchi Mansik Arogyashala, a mental hospital (the Hospital) in Bihar. The Court treated it as a public interest litigation under Article 32 of the Constitution. The Court directed the Chief Judicial Magistrate to visit the Hospital and submit a …Read more

Tags: Access to medicines, Access to treatment, Cleanliness, Malnutrition, Mental illness, Mental institution, Pharmaceuticals, Public hospitals, Sewage, Waste management
Download Judgment: English

Vincent Panikurlangara v. Union of India and Ors

Country: India
Year: 1987
Court: Supreme Court
Citation: 1987 AIR 990; 1987 SCR (2) 468; 1987 SCC (2) 165; JT 1987 (1) 610; 1987 SCALE (1) 490
Health Topics: Medicines
Human Rights: Right to health, Right to life
Facts:

The Petitioner, Vincent Panikurlangara, filed this public interest litigation in the Supreme Court. He sought directions for implementation of an adequate, central policy and establishment of a central drug standards authority, with suitable enforcement powers to ban “harmful and injurious drugs.” Sections 10-A and 26-Aof the Drugs and Cosmetics Act, 1940 (the Act) conferred on …Read more

Tags: Drug quality, Drug safety, Drug testing
Download Judgment: English