A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

Petitioners, by means of a writ petition, challenged Section 377 of the Indian Penal Code (‘IPC’), which made “carnal intercourse against the order of nature” a criminal offense punishable with life imprisonment. Petitioners argued that homosexuality, bisexuality, and other sexual orientations are equally natural and reflective of expression of choice and individuals should have the …Read more

Fifteen criminal convicts sentenced to the death penalty challenged their sentences as in violation of Article 21 of the Indian Constitution, which protects the right to life. They claimed that the executive orders rejecting their mercy petitions were passed without considering supervening events, including delay, insanity, solitary confinement, and procedural lapses. Two convicts alleged that the …Read more

In 1998, Novartis AG, a multinational pharmaceutical company based in Switzerland, filed a patent application in India for the beta-crystalline form of imatinib mesylate, a drug used to treat chronic myeloid leukaemia, a type of blood cancer. In 2005, the Chennai Patent office heard patent oppositions to this application, including one filed by the Cancer …Read more

Section 377 of the Indian Penal Code, 1860 (the Section) penalized voluntary “carnal intercourse against the order of nature with any man, woman or animal” and described them as “unnatural offences.” An offence under this Section was non-bailable and carried a maximum punishment of life imprisonment. Naz Foundation, the Petitioner, was an NGO working in …Read more

The order is about the problem of sex-selective abortion in India. The Court assed the present situation and the various barriers that must be taken into account when States take steps to address this problem by raising awareness of the legal status of the issue. The Parliament has taken steps to prevent sex selective abortion …Read more

The matter pertained to a 19-20 year old, “mentally retarded”, woman (the victim) whose mental capacity was that of a nine year old. She was living in a welfare institution (the Institution) established by the Chandigarh Administration, having previously lived in a government institute for mentally retarded children. She became pregnant while living in the …Read more

The plaintiffs were residents of a group of islands heavily affected by the 2004 tsunami. They argued that they were facing a number of problems which the local administration could take steps to mitigate and that the problems required immediate governmental action. They argued that, while there were relief funds, these funds were not being …Read more

The Confederation of Ex-Servicemen Associations (the Petitioner) filed this public interest litigation in the Supreme Court under Article 32 of the Constitution (right to move the Supreme Court for a violation of fundamental right). Ex-servicemen, their families, and their dependents did not have access to full and free medical services as provided to serving defence …Read more

This case is a writ position challenging the constitutionality of a law that prohibits anyone with more than two living children from holding certain public offices in the Panchayat raj local government system of the state of Haryana. Note that the Panchayat raj system is the traditional local government system of areas in the Indian …Read more

Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year, with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually. The World Health Organisation estimated that up to seven million deaths, worldwide, per year were attributable to tobacco related disease, of which sixty million deaths occurred …Read more

D.K. Joshi, the Appellant, had filed a public interest litigation in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts) seeking directions against unauthorized and unregistered doctors in Agra, Uttar Pradesh (U.P.). The petition was dismissed on the ground that an enquiry should first be completed …Read more

Respondent industry sought to establish a new factory in the State of Andhra Pradesh to produce vegetable oils. The industry purchased land in Peddashpur village, within 10KM of two reservoirs that provided drinking water for 5 million people. In 1988, the Ministry of Forests and Environment established a “red” list of hazardous industries, including industry …Read more

Government employees and pensioners of the State of Punjab were the beneficiaries of a policy (the Policy) for reimbursement of medical expenses, which was adopted in February 1995, authorising treatment outside Punjab at rates determined by the State Medical Board. The Policy replaced an older Policy of the state government. An employee of the Punjab …Read more

Petitioner, Sahara House, was a center for residential care and rehabilitation. The Petitioner filed a public interest litigation in the Supreme Court under Article 32 of the Constitution of India (original writ jurisdiction of the Supreme Court). The Petitioner sought directions from the Court to the effect that denial of treatment to persons living with …Read more

Mr. X, the Appellant, was about to get married when it was found that he was living with HIV. “The marriage was called off on the ground of blood test conducted at the respondent’s hospital in which the appellant was found to be HIV(+).” As members of the Appellant’s family and community came to know …Read more

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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