Loading, please wait...
208 judgments found.


Nand Kishore Sharma and Ors. vs. Union of India and Anr.

Country: India
Year: 2006
Court: High Court of Rajasthan
Citation: AIR 2006 Raj 166, 2006 WLC Raj UC 411
Facts:

The petitioner, a social activist, filed a writ petition to challenge the constitutionality of the Medical Termination of Pregnancy Act, 1971. Specifically, the petitioner alleged that Section 3(2) (a) and (b), and Explanations 1 and 2 which allow termination of pregnancy in exceptional cases after receiving the opinion of the registered medical practitioner, violated the …Read more

Tags: Right to Liberty and Security of Person, Right to Life, Sexual and reproductive health
Download Judgment: English

Ceylon Tobacco Company Ltd., et. al. v. Hon.NimalSiripala de Silva et. al.

Country: Sri Lanka
Year: 2006
Court: Supreme Court of Sri Lanka
Citation: S.C.(SD) Application Nos.1 to 6/2006
Facts:

The Petitioners, the tobacco companies in Sri Lanka, challenged clause 40 of the National Authority on Tobacco and Alcohol Bill (“Bill”), which seeks to prohibit smoking in closed public places. It is important to mention here that a petition was earlier filed, which challenged the Bill as whole but the Court dismissed the earlier petition …Read more

Tags: Controlled substances, Right to Health, Tobacco
Download Judgment:

K.S. Mathew v. Union of India

Country: India
Year: 2005
Court: High Court - Delhi
Citation: 2005 (83) DRJ 714
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

KS Mathew, the Petitioner, was a Deputy Secretary in the Ministry of Civil Supplies when he retired. He was entitled to free medical aid under the Central Government Health Scheme (CGHS). After suffering a heart attack in 2001, he was admitted to Escort Heart Institute and Research Centre (EHIRC). EHIRC was a recognized hospital under …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Navid Hussain v. City District Government of Karachi

Country: Pakistan
Year: 2005
Court: High Court of Karachi
Citation: NLC 912
Health Topics: Environmental health
Human Rights: Freedom from discrimination, Right to a clean environment, Right to life, Right to property
Facts:

The Plaintiffs were lessees of Plot No.151-A, Block-II, PECHS Karachi (the plot), a residential complex. The lessor was the Ministry of Housing and Works, who was impleaded as Defendant No. 4 in the suit. The lease deed had a restrictive covenant which prevented the land from being converted from residential to commercial uses even after …Read more

Tags: Pollution
Download Judgment: English

Sarojini Sawhney v. Punjab University

Country: India
Year: 2005
Court: High Court - Punjab and Haryana
Citation: (2006) 142 PLR 175
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The petitioner was a widow whose husband was an employee of the respondent university before his death. The petitioner had an independent income of 7000 rupees per month. She filed a claim for the reimbursement of medical expenses incurred during the treatment of her husband. However, the respondent university refused this claim stating that she …Read more

Tags: Access to treatment, Cancer, Emergency care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Gila Louzon v. Government of Israel

Country: Israel
Year: 2005
Court: Supreme Court (sitting as the High Court of Justice)
Citation: HCJ 3071/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Medicines
Human Rights: Freedom from discrimination, Right to bodily integrity, Right to health, Right to life
Facts:

The decision addressed three petitions with similar facts. In all three cases, the petitioners were diagnosed with cancer and prescribed a medication not included in the health services basket available under the national health care services (which was prohibitively expensive to purchase individually). By the time two of the petitions came to the Court, however, …Read more

Tags: Access to drugs, Access to medicines, Access to treatment, Budget, Cancer, Emergency care, Essential medicines, Health expenditures, Health funding, Health insurance, Health regulation, Health spending, Non-communicable diseases, Out-of-pocket expenditures, Pharmaceuticals, Pricing, Social security, Subsidies, Tertiary care
Download Judgment: English Hebrew

Kumar Mukherjee v. Ruby General Hospital & Ors

Country: India
Year: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
Facts:

A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more

Tags: Damages, Duty of care, Emergency care, Inadequate treatment, Negligence, Standard of care, Tort
Download Judgment: English

Mr. X v. Chairman, State Level Police Recruitment Board and Ors

Country: India
Year: 2005
Court: High Court - Andhra Pradesh
Citation: 2006 (2) ALD 513; 2006 (2) ALT 82
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to life, Right to work
Facts:

Mr. X, the Petitioner,  was an armed reserve police constable and had applied for the post of stipendiary cadet trainee sub-inspector of police (civil). He passed the physical test and the written exam, on the basis of which he was provisionally selected for the post. During the medical examination, however, he tested positive for HIV. …Read more

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

Rajesh Kumar Srivastava v. A.P. Verma and Ors

Country: India
Year: 2005
Court: High Court - Allahabad
Citation: AIR 2005 All 175; (2005) 2 UPLBEC 1813
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom of expression, Freedom of religion, Right to health, Right to life
Facts:

The petitioner, Rajesh Kumar Srivastava, filed the contempt petition to enforce and to monitor the orders passed by the Supreme Court in D. K. Joshi v. State of U.P., ((2000) 5 SCC 800). In that case the Supreme Court had taken notice of the appalling condition of public health in the State of U.P. and …Read more

Tags: Alternative medicine, Faith-based medicine, Traditional medicine
Download Judgment: English

R.D. Gupta v. DDA and Ors

Country: India
Year: 2005
Court: High Court - Delhi
Citation: 116 (2005) DLT 666; 2005 (79) DRJ 730
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

RD Gupta, the Petitioner, was employed as a junior engineer with the Delhi Development Authority (DDA), the Respondent. He was governed by the Delhi Development Authorities Medical Scheme, 1988 (the Scheme). He underwent surgery for umbilical hernia at the Apollo Hospital (Apollo), “empanelled with the DDA.” On submitting the medical bills for reimbursement, the Petitioner …Read more

Tags: Access to treatment, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

BLAST, et al. v. Government of Bangladesh and others

Country: Bangladesh
Year: 2005
Court: Supreme Court - High Court Division
Citation: 25 BLD (HDC) (2005) 83
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Diet and nutrition
Facts:

The Petitioner, Bangladesh Legal Aid and Services Trust (BLAST), a public interest NGO,  alleged that the Respondents (which included salt manufacturers and the Government) had violated the Iodine Deficiency Diseases Prevention Act, 1989 (the Act). The Act required edible salt to be iodised before sale, in order to combat iodine deficiency diseases such as goitre …Read more

Tags: Child development, Children, Diet, Food safety, Infant health, Malnutrition, Minor, Noncommunicable diseases, Pediatric health
Download Judgment: English

X v. State Bank of India

Country: India
Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1856 of 2002
Health Topics: HIV/AIDS, Infectious diseases, Occupational health, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to life, Right to privacy, Right to work
Facts:

X, the Petitioner, was a sweeper with the State Bank of India, the Respondent, for nine years on a contractual basis.  The Respondent considered the Petitioner for another job and required him to undergo some medical tests. The Petitioner was deemed fit for the job by the concerned doctor. His ELISA test, however, showed that …Read more

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

G. v. New India Assurance

Country: India
Year: 2004
Court: High Court - Bombay
Citation: Writ Petition No. 1562 of 1999
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination, Right to work
Facts:

G, the Petitioner, was the wife of an employee who died while he was employed in New India Assurance Company, the Respondent Company. The Petitioner applied for employment on compassionate grounds in the Respondent Company but was rejected. The Respondent Company’s doctor had advised that since the Petitioner had tested positive for HIV, she was …Read more

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

M. Ramabhadra Rao v. Government of Andhra Pradesh

Country: India
Year: 2004
Court: High Court - Andhra Pradesh
Citation: 2005 (1) ALT 624
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Seven writ petitions were filed by members of the Higher Judicial Service and subordinate judiciary of the Andhra Pradesh High Court. The Court, however, for the sake of brevity, referred only to the facts of Writ Petition No. 21304 of 2001. The Petitioner, M Ramabhadra Rao, was a retired District Judge governed by the A. …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Milap Singh v. Union of India

Country: India
Year: 2004
Court: High Court - Delhi
Citation: 113 (2004) DLT 91; 2004 (76) DRJ 126
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Milap Singh, the Petitioner, underwent an emergency heart bypass surgery at Escorts Heart Institute and Research Centre (EHIRC). He was a retired government employee and also a member of the Central Government Health Scheme (CGHS), a government medical care scheme. On submitting his medical bills, full reimbursement was denied to the Petitioner. The Union of …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Shri Prithvi Nath Chopra v. Union of India

Country: India
Year: 2004
Court: High Court - Delhi
Citation: 2004 (74) DRJ 175
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

The Petitioner was a retired Under Secretary in the Central Government. He and his wife were entitled to full medical reimbursement under the Central Government Health Scheme (CGHS). In July 2001 he admitted his wife for an emergency cancer surgery to Indraprastha Apollo Hospital, which is recognized under the CGHS. An office memorandum dated 1996 …Read more

Tags: Access to treatment, Cancer, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Laxmi Chand v. Comptroller and Auditor General.

Country: India
Year: 2004
Court: Central Administrative Tribunal - Gwalior
Citation: 2005 (2) SLJ 145 CAT
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Laxmi Chand, the Petitioner, was a retired Accounts Officer in the office of the Accountant General, Gwalior. After suffering a heart attack, he was referred to Indraprashta Apollo Hospital, New Delhi. On submitting his bills for medical reimbursement, his claims were rejected. The Petitioner approached the Central Administrative Tribunal, requesting it to direct the Respondent …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Suo Moto v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: AIR 2005 Raj 82; RLW 2005 (2) Raj 1437
Health Topics: Environmental health, Health information, Health systems and financing, Infectious diseases, Poverty, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to food, Right to health, Right to life, Right to water and sanitation
Facts:

The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more

Tags: Awareness, Clean water, Cleanliness, Drinking water, Environmental degradation, Environmental hazards, Garbage, Health education, Health expenditures, Health promotion, Health spending, Low income, Pollution, Poor, Potable water, Safe drinking water, Sewage, Trash, Underprivileged, Waste, Waste management, Water pollution
Download Judgment: English

Santosh Mittal v. State of Rajasthan

Country: India
Year: 2004
Court: High Court - Rajasthan
Citation: RLW 2005 (1) Raj 486; 2005 (1) WLC 52
Health Topics: Chronic and noncommunicable diseases, Diet and nutrition, Environmental health, Health information, Public safety, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to life, Right to water and sanitation
Facts:

The case concerned a claim that the sale of PepsiCo and Coca-Cola carbonated beverages should be banned on the account that they are contaminated with pesticide residue and suspended impurities and are therefore harmful to human life. The petitioners relied on the report published by the Centre for Science and Environment (“CSE”), which conducted an …Read more

Tags: Awareness, Cancer, Clean water, Disclosure, Food, Food poisoning, Food safety, Freedom of information, Pesticide, Poisoning, Potable water, Safe drinking water
Download Judgment: English

Asif Ali Zardari v. Pakistan

Country: Pakistan
Year: 2004
Court: High Court
Citation: 2005 M L D 314
Health Topics: Health care and health services, Prisons
Human Rights: Right to life
Facts:

The applicant was being held in jail (and had been in jail for a 7 years and 10 months), pending murder cases against him.  On the basis of a medical report from the Medical Board, the applicant requested an immediate admission and move to Dr. Ziauddin Hospital, Karachi for treatment and bed rest and to …Read more

Tags: Access to health care, Access to treatment, Custody, Detainee, Detention, Incarceration, Inmate, Jail
Download Judgment: English

KZM v. Shanghai Institute of Biological Products [KZM诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: (2004) Hu-Zhongmin-Min zhongzi (No.1457)
Health Topics: Health systems and financing, HIV/AIDS, Infectious diseases
Human Rights: Right to social security
Facts:

Appellant, KZM, was a patient with hemophilia A who became infected with HIV and hepatitis C. Appellant brought action against Shanghai Institute of Biological Products for causing the infection of HIV/AIDS from the medical product in which he was injected. The Shanghai Chang Ning District People’s Court found against the plaintiff in civil verdict No. 1984). …Read more

Tags: Antiretrovirals, ARVs, Blood transfusion, Health expenditures, Health insurance, Health regulation, HIV, HIV positive, People living with HIV/AIDS, PLHIV, Social security
Download Judgment: English Chinese

Wu Zhongze, et al. v. Shanghai Institute of Biological Products [WZZ等诉上海生物制品研究所人身损害赔偿案]

Country: China
Year: 2004
Court: Shanghai First Intermediate Peoples’ Court
Citation: No. 127
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, HIV/AIDS, Infectious diseases, Medical malpractice
Facts:

This case was an appeal to the Shanghai First Intermediate People’s Court by the parents of Wu Pengtao, a young boy who died in 2000 from AIDS. Wu Pengtao had contracted HIV/AIDS and Hepatitis C sometime prior to 1998 from allegedly tainted human coagulation factor VIII concentrates, which were used to treat his haemophilia A. …Read more

Tags: AIDS, Blood transfusion, Child mortality, Children, Compensation, Damages, Hepatitis, HIV, HIV positive, HIV status, Inadequate treatment, Minor, Negligence, Noncommunicable diseases, Pediatric health, People living with HIV/AIDS, PLHIV, Remedies, Standard of care, Tort, Transmission
Download Judgment: English Chinese

Udeni Renuka Gunwardena v. Dr. Gurugue L. Wimalasiri and others

Country: Sri Lanka
Year: 2004
Court: Supreme Court
Citation: S.C. (Special) No. 69/1999
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
Facts:

The Petitioner, the mother of twins who gave birth after a Caesarian operation, conceived for the second time after six years. The Respondent was the Consultant Visiting Obstetrician and Gynecologist of the Kandy General Hospital. She received antenatal care at Hikkaduwa and later went to her sister’s house in Kundasale. However before visiting her sister …Read more

Tags: Access to health care, Access to treatment, Caesarean, Childbirth, Clinics, Health facilities, Health records, Maternal health, Medical records, Pregnancy, Private hospitals, Public hospitals
Download Judgment: English

Grand Justices Interpretation No. 577

Country:
Year: 2004
Court: Grand Justices Council
Citation: Judicial Yuan Interpretation No. 577, 2005 Shizi 755 (Grand Justices Council May 7, 2004) (Taiwan).
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to property
Facts:

According to Article 8 of the Tobacco Hazards Prevention Act, “the level of nicotine and tar contained in the tobacco products shall be indicated on the tobacco product containers”. However, the claimant, who is a Taiwanese tobacco industry, failed to indicate the level of nicotine on the tobacco product containers while importing three different brands …Read more

Download Judgment: English Chinese

Seenath Beevi v. State of Kerala

Country: India
Year: 2003
Court: High Court - Kerala
Citation: 2003 (3) KLT 788
Health Topics: Hospitals, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

The Petitioner, Seenath Beevi, was the head nurse at a government hospital in Kerala. She worked 14 hours a day, six days a week because shift duties were not available at the hospital. The government had introduced a “3 shift system” in some hospitals with the aim of limiting working hours to 8 hours per …Read more

Tags: Public hospitals, Safe working conditions
Download Judgment: English

T.V. Rajagopala Rao v. Additional Director of the Central Government Health Scheme

Country: India
Year: 2003
Court: High Court - Andhra Pradesh
Citation: 2003 (3) ALD 476; 2003 (3) ALT 632
Health Topics: Chronic and noncommunicable diseases, Health information, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner had health coverage under the Central Government Health Scheme (CGHS).  On January 4, 2000, the petitioner learned that he had blocked arteries and was advised to go to Yashoda hospital, which was a recognized referral hospital under the CGHS. At Yashoda hospital he was instructed to have bypass surgery. After consulting with many doctors, …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Javed and Ors v. State Of Haryana and Ors

Country: India
Year: 2003
Court: Supreme Court
Citation: AIR 2003 SC 3057, 2003 (4) AWC 2920 SC, 2003 (3) CTC 620
Health Topics: Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom of religion, Right to family life, Right to participation
Facts:

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

Tags: Childbirth, Family planning
Download Judgment: English

Centre For Enquiry Into Health And Allied Themes (CEHAT) v. Union Of India & Others

Country: India
Year: 2003
Court: Supreme Court
Citation: Writ Petition (Civil) No. 301 of 2000
Health Topics: Health care and health services, Health information, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination
Facts:

In 1996, the government of India had passed the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1995 (the “PNDT Act”) which was aimed at preventing the misuse of sex determination technology to abort girl children before birth.  Female feticide had become an increasingly frequent practice in India despite the implementations of reforms that attempted …Read more

Tags: Abortion, Advertising, Awareness, Family planning, Health care technology, Health education, Sex-selective abortion, Termination of pregnancy, Testing, Violence against women
Download Judgment: English

Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) v. Suraweera, Officer-in-Charge, Police Station and Others

Country: Sri Lanka
Year: 2003
Court: Supreme Court
Citation: S.C. No. 328/2002 (FR)
Health Topics: Health care and health services, Health systems and financing, Hospitals, Prisons
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to health
Facts:

The Petitioner was arrested by the police on the mistaken identity as one “Gerrad” who was suspected of having committed a murder. The first Respondent was the Officer-in-charge of the police station while the others were subordinate officers and the 8th Respondent was the Inspector-General of Police. The Petitioner had been taken to the Wattala …Read more

Tags: Abuse, Access to health care, Access to treatment, Compensation, Cruel treatment, Custody, Detainee, Detention, Emergency care, Health facilities, Inhuman treatment, Police, Private hospitals, Reimbursement
Download Judgment: English

Zheng Xuefeng and Chen Guoqing v . People’ s Hospital of Jiangsu Province [郑雪峰、陈国青诉江苏省人民医院医疗服务合同纠纷案)]

Country: China
Year: 2003
Court: Intermediate People’s Court of Nanjing City [中华人民共和国江苏省南京市中级人民法院]
Health Topics: Health care and health services, Hospitals, Informed consent, Medical malpractice, Sexual and reproductive health
Human Rights: Right of access to information
Facts:

The Plaintiffs Zhen Xuefeng and Chen Guoqing were a married couple seeking a fertility treatment. They signed a contract regarding such assisted reproduction with defendant People’s hospital of Jiangsu Province (“People’s hospital”). The contract did not specify which of two fertilization techniques (Intra-Cytoplasmic Sperm Injection (“ICSI”) or In Vitro Fertilization (“IVF”)) would be used, however …Read more

Tags: Assisted reproductive technology, Compensation, Damages, Emergency care, Fertility, Health care technology, In utero fertilization, In vitro fertilization, Inappropriate treatment, Infertility, Informed choice, Involuntary treatment, Non-consensual testing and treatment, Patient choice, Public hospitals, Remedies, Unauthorized treatment
Download Judgment: English Chinese