SC Seeks Response From Centre, Bihar Govt On Encephalitis Deaths [Read Order]

The Supreme Court on June 24, 2019, expressed “grave concern” over deaths caused by the outbreak of Acute Encephalitis Syndrome (AES) in Bihar and sought response from the Centre and the Bihar government on a petition that alleged that negligence and inaction claimed the lives of at least 152 children in Muzaffarpur and other areas.

The vacation Bench comprising of Justice Sanjiv Khanna and Justice B.R. Gavai observed that 'This is a serious concern. Deaths cannot keep happening.’

The court granted 7 days to the state and the Union of India to file their responses on public medical care facilities, nutrition and sanitation/hygiene.

Advocates Manohar Pratap and Sanpreet Singh Ajmani filed the petition seeking a team of medical experts to be constituted urgently and for the provision of all necessary medical equipment and other supports.

The petitioners have averred that "Media reports shows that there is 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.”

"Right to Life is sacrosanct fundamental right guaranteed under the 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 Indian Constitution has resulted in death of hundreds of young innocent lives. This continuing act of negligence on the part of 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.

The court has posted the matter for further hearing on July 4, 2019.

[Read Order]