Human Rights Law Network


PILs & Cases

Mass Hysterectomy : Dr. Narendra Gupta vs. Union of India & Others; Supreme Court of India, Writ Petition (Civil) 131/2013

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Dr. Narendra Gupta, a public health expert conducted a fact-finding on hysterectomies in Dausa District, Rajasthan and collected documentation of similar practices in Bihar and Chhattisgarh. Human Rights Law Network (HRLN) filed the petition in the Supreme Court to ensure compensation for the victims and meaningful policy changes. Fact-finding and media reports from the Respondent states uncovered a widespread pattern of doctors performing medically unnecessary hysterectomies to reap high insurance fees from the government. Moreover, fact-finding investigations in each state found significant gaps in the delivery of healthcare services under the National Rural Health Mission (NRHM) including, but not limited to, inadequately staffed and unhygienic rural public healthcare centres leading women to seek medical care at private hospitals. 

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SC notice to Centre, states on leprosy treatment, drug availability

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PANKAJ SINHA VERSUS UNION OF INDIA AND ORS

Writ Petition(Civil) No(s). 767/2014

Supreme Court /Delhi Unit/Health Rights

The Supreme Court issued notice on 1 September 2014 to the central and state governments on a petition seeking availability of drugs for pregnant women suffering from leprosy and ending discrimination against children from the disease-affected families in educational institutions.

LeprosyA bench of Justice Dipak Misra and Justice Vikramajit Sen issued notice, returnable in four weeks, on a petition by HRLN Lawyer Pankaj Sinha who had sought directions for the availability of drugs at primary health centres and their proper administration for treatment of the pregnant women suffering from leprosy.

Appearing for the petitioner, senior counsel Colin Gonsalves sought the direction that there be no discrimination in educational institutions, whether government or private, of the children of the leprosy-affected families on account of some kind of inhibition which had no constitutional sanction and same should be stopped.

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NRHM Scam in Nagaland High Court Appeal for CBI probe

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W.P.C.No 179 k 2013

Rosemary Dzuvichu versus Union of India & Ors.

After hearing of the petition filed by Naga Mother’s Association (NMA) against the state government’s inaction to demands for probing the scam under National Rural Health Mission (NRHM), the Kohima Bench of the Gauhati High Court, Tuesday directed the petitioners seeking police action, to file “miscellaneous case” for “prayer for CBI investigation.”

Justice Choudhary who heard the case filed by Rosemary Dzüvichü & another representing Naga Mothers Association (NMA) versus Government of Nagaland over police inaction, directed that the CBI “must come in” and asked the petitioners to file a prayer in this regard.

Rosemary Dzüvichü ,convener of the NMA Committee on NRHM informed this Correspondent that the “miscellaneous case” for “prayer for CBI investigation will be filed on Thursday.She said NMA had earlier, demanded a high-level inquiry into the alleged anomalies in the implementation of National Rural Health Mission (NRHM) in the state during 2012.

Rosemary said NMA had, on March 3,2013 submitted a memorandum to then Governor Nikhil Kumar seeking probe into the “dubious implementation” of NRHM in the state. She said the minister in-charge was also apprised of detection of several anomalies and misappropriation of funds under NHRM in the state.She said despite one and half months, no action was taken after which, NMA then filed an FIR with SP (Crime) PHQ in June 2013 on the belief that corruption at the highest levels involving high ranking officers should be dealt with by the SP (Crime).

Tuesday’s court directive came after the NMA filed its petition in September 2013 seeking court intervention in the case. In the petition, NMA alleged several anomalies, particularly in Janani Suraksha Yojana (JSY), where some of the women beneficiaries were not paid money and even discrepancies in the grant for birth of boy and girl child.

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The Hon'ble High Court of Madhya Pradesh has given last opportunity to the state government to reply in regards to implemention of the National Health Mission

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Sandesh Bansal V/s Union of India & Ors.

Writ Petition No. 11860/2014

The Petitioner has filed a petition to implement the National Health Mission in the High Court of Madhya Pradesh. In this Case the High Court has given the state last opportunity to file a reply.

On 10th March the Court will consider granting interim reliefs with regard to implementation of "National Health Mission" in Madhya Pradesh.

The Order is attached as below.

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SC reaffirms workers Right to Health and Medical care

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On a petition filed by HRLN on behalf of Occupational Health and Safety Association, the Supreme Court delivered a judgment that the right to health and medical care, while in service or post-retirement, is a fundamental right of a worker.  Right to health i.e. right to live in a clean, hygienic and safe environment is a right flowing from Article 21. 

Occupational Health and Safety Organization has filed a writ petition in Supreme Court seeking from court to issue direction directing to Government to make guidelines for safety of workers from occupational disease. The Petitioner represented about 130 Coal Fired Thermal Power Plants(CFTPPs) in India spread over different States in the country, but no proper occupational health services facility are in place.

Colin Gonsalves, senior counsel referring  to the above National Institute of Occupational Health (NIOH) report submitted that not much importance was given to the serious health problems being faced by the workers who are working in the thermal power plants and treatment they require as well as the payment of wages and compensation to those workers who were suffering from serious illness. He pointed out that some urgent steps should be taken to ensure the health and safety of the workers.

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HRLN is a division of the Socio-Legal Information Centre (SLIC). SLIC is a non-profit legal aid and educational organization, registered under the Registration of Societies Act, 1860, Indian Public Trust Act, 1950 and the Foreign Contributions (Regulation) Act, 1976.