• Bihar Encephalitis: PIL In SC Seeks Direction To Constitute Team Of Medical Experts

    Mehal Jain

    June 19, 2019

    Image courtesy Financial Express

    In the wake of the alarming rate at which children are succumbing to Encephalitis in Bihar, a PIL has been filed in the Supreme Court for a team of medical experts to be constituted urgently and for the provision of all necessary medical equipment and other supports.

    The petition by advocates Manohar Pratap and Sanpreet Singh Ajmani, members of Youth Bar Association contends that the death of more than 126 children (mostly of age group 1 to 10) in the past week in Bihar are a direct result of negligence and inaction on the part of the respective governments of Bihar, Uttar Pradesh and the Union of India in handling the epidemical situation which arises every year due to outbreak of Acute Encephalitis Syndrome (AES).

    "Media reports show that there is an acute shortage of doctors, medical facilities, intensive care units and other medical equipment in the Hospitals in nearby areas and child are dying in hospitals due to lack of required facilities", it averred.

    "Right to Life is a sacrosanct fundamental right guaranteed under Article 21 of the Constitution of India. This Hon'ble Court in catena of judgments has accepted it as highest in all fundamental rights. The present act of the negligence by the Respondents who are 'State' within the framework of the Indian Constitution has resulted in the death of hundreds of young innocent lives. This continuing act of negligence on the part of the state is consistently violating the fundamental right to life guaranteed under Article 21 of the Constitution of India", the petition reads.

    The PIL also prays for 500 ICUs and 100 mobile ICUs to be immediately arranged, for an extraordinary government order directing all the private medical institutions in the affected area to admit and provide treatment free of cost to the patients to be notified, and for compensation of Rs. 10 lakhs to be granted to the surviving members of the family of the deceased who have died due to the negligence of the state machinery.


    First published in Live Law.

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