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124 judgments found.


Smt. Mala Banerjee v. State of West Bengal and Ors

Country: India
Year: 2008
Court: High Court - Calcutta
Citation: 2008 (1) CHN 979
Health Topics: Controlled substances
Human Rights: Right to health, Right to life
Facts:

In order to regulate the distribution of licenses for liquor shops the Government of West Bengal promulgated the West Bengal Excise (Selection of New Sites and grant of License for retail sale of liquor and certain other intoxicant) Rules, 2003 (the new Rules). Under the earlier Rules, objections were invited from elected representatives from the …Read more

Tags: Alcohol
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Mahesh Bhatt, et al. v. Union of India and another

Country: India
Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to health, Right to life
Facts:

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

Tags: Advertising, Smoking, Tobacco control, Tobacco regulation
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Sh. Balram Sharma v. Union of India

Country: India
Year: 2008
Court: High Court - Delhi
Citation: WP(C) No.13740/2005
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health
Facts:

After suffering from a heart attack, the petitioner had sought treatment at a government hospital. Taking into consideration his critical condition and the length of time that it was expected it would take for him to receive treatment at that hospital, the doctors recommended that the petitioner seek treatment at a private hospital immediately. Thereafter, …Read more

Tags: Access to treatment, Diagnostics, Emergency care, Health insurance, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
Facts:

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

Tags: Access to drugs, Access to medicines, Cancer, Essential medicines, Generic drugs, Intellectual property, Patents, Pharmaceuticals, Pricing, TRIPS
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Novartis AG v. Union of India

Country: India
Year: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more

Tags: Access to drugs, Access to medicines, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, TRIPS
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Social Jurist v. Government of NCT of Delhi and Ors

Country: India
Year: 2007
Court: High Court - Delhi
Citation: 140 (2007) DLT 698
Health Topics: Health care and health services, Health systems and financing, Hospitals, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The Delhi Development Authority (DDA) and the Land and Development Office (L&DO) allocated land to some hospitals in the city of Delhi at rates which were much lower than the market value of the land (concessional rate) but with some conditions. Hospitals which were being awarded land at concessional rates were to provide free treatment …Read more

Tags: Poor, Public hospitals
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M. Chinnaiyan v. Sri Gokulam Hospital and another

Country: India
Year: 2007
Court: National Consumer Disputes Redressal Commission
Citation: III (2007) CPJ 228 NC;
Health Topics: Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity
Facts:

R. Lalitha, late wife of the Petitioner, M. Chinnaiyan underwent an operation in Sri Gokulam Hospital, the 1st Respondent (R1). In the post operative period, two units of blood from Queen Mary’s Laboratory, the 2nd Respondent (R2), was transfused into her. Soon thereafter, she developed many infections and tested positive for HIV. She later died …Read more

Tags: Blood transfusion, Duty of care, Examination, Negligence, Patient choice, Reimbursement, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
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K. Mani v. Secretary of Government

Country: India
Year: 2007
Court: High Court - Madras
Citation: 2007 (3) MLJ 34
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, who worked as a Head Constable in Tamil Nadu, filed a case against the Secretary to the Government, Health and Family Welfare Department, Tamil Nadu and others, for rejecting his request for reimbursement under the Tamil Nadu Government Employees’ Health Fund Scheme. The petitioner requested such reimbursement for an angioplasty he underwent on November …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
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Kranti v. Union of India & Ors

Country: India
Year: 2007
Court: Supreme Court
Citation: Appeal (civil) No. 2681/2007
Health Topics: Diet and nutrition, Disasters and emergencies, Health systems and financing, Poverty, Water, sanitation and hygiene
Human Rights: Right to food, Right to water and sanitation
Facts:

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

Tags: Budget, Clean water, Cleanliness, Dehydration, Diet, Drinking water, Flooding, Food, Food shortages, Health expenditures, Health funding, Health spending, Humanitarian crisis, Hunger, Indigent, Low income, Malnutrition, Natural disaster, Poor, Potable water, Safe drinking water, Starvation, Underprivileged
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Confederation of Ex-Servicemen Associations v. Union of India and Others

Country: India
Year: 2006
Court: Supreme Court
Citation: (2006) Supp (4) SCR 872; 2006 (8) SCC 399
Health Topics: Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

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

Tags: Military, Public hospitals, Subsidies
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Mangesh G. Salodkar v. Monsanto Chemicals of India Ltd.

Country: India
Year: 2006
Court: High Court - Bombay
Citation: 2007 (2) BomCR 883
Health Topics: Chronic and noncommunicable diseases, Environmental health, Health information, Occupational health
Human Rights: Right to favorable working conditions, Right to health, Right to life
Facts:

The Respondent, Monsanto Chemicals of India, was engaged in the formulation of herbicides in India. In accordance with the Insecticide Act, 1968, the Respondent had been granted statutory approval by the Central Insecticides Board. Mangesh G. Salodkar, the Petitioner was employed at Monsanto’s establishment at Lonavala. Soon after taking voluntary retirement, he suffered a brain …Read more

Tags: Health records, Occupational disease, Occupational hazards, Occupational health and safety, Pesticide, Respiratory diseases, Workers' compensation
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Praveen Rashtrapal, I.R.S. v. Chief Officer, Kadi Municipality

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2006) 3 GLR 1809
Health Topics: Environmental health, Health systems and financing, Occupational health, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to health, Right to life
Facts:

The Petitioners, including Praveen Rashtrapal, filed this public interest litigation in the Gujarat High Court under Article 226 of the Constitution (original writ jurisdiction of High Courts). The petition was filed on behalf of sewage cleaners (cleaners) in and around the City of Ahmadabad. The Petitioners claimed that the right to life and health of …Read more

Tags: Health insurance, Occupational disease, Occupational health and safety, Sewage, Waste management
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C. Nagamuthu v. State of Tamil Nadu and Ors

Country: India
Year: 2006
Court: High Court - Madras
Citation: 2006-3-L W529; (2006) 2 MLJ 747
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Freedom from discrimination
Facts:

The Petitioner was a retired Works Inspector at the Public Works Department in the State of Tamil Nadu. He was enrolled under the Tamil Nadu Government Employees Health Fund Scheme (the Scheme). He was thus entitled to free medical treatment for himself and his dependents at approved hospitals. In 1998, the Petitioner’s son had to …Read more

Tags: Access to treatment, Heart disease, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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A.B. Colaco v. Coffee Board

Country: India
Year: 2006
Court: High Court - Karnataka
Citation: Writ Petition No.39031 of 2003 (S-R)
Health Topics: Aging, Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Hospitals
Human Rights: Right to health, Right to life
Facts:

Petitioner had worked for the Coffee Board (the “Board”), a statutory body working under the administrative control of the Department of Commerce, for 24 years prior to his retirement. The pension benefits for retiring employees under the Central Civil Services (Pension) Rule (the “Rules”) were fixed by the Board. The Central Government had effectuated a …Read more

Tags: Access to treatment, Aged persons, Elderly, Older persons, Primary care, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
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Pramod Bhagwan Nayak v. State of Gujarat

Country: India
Year: 2006
Court: High Court - Gujarat
Citation: (2007) 1 GLR 796
Health Topics: Child and adolescent health, Health care and health services, HIV/AIDS, Infectious diseases, Poverty, Prisons, Public safety, Sexual and reproductive health, Violence
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to family life, Right to health, Right to liberty and security of person, Right to life, Right to privacy
Facts:

The petitioner was challenging an order of detention for allegedly engaging in trafficking of women and girls. The grounds of the order were that petitioner was an “immoral traffic offender” which is “a person who habitually commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, …Read more

Tags: AIDS, Assault, Children, Contraception, Criminalization, Custody, Detention, Examination, Family planning, HIV, Minor, Poor, Sex workers, Sexual abuse, Sexual assault, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing, Underprivileged
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Shri O.N. Chhibber v. Union of India

Country: India
Year: 2006
Court: Central Administrative Tribunal - Delhi
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 applicant worked as a section officer in the Department of Foods and then became a pensioner post retirement. As a central government employee, he was entitled to reimbursement of medical expenses incurred by him or his family members under the Central Government Health Scheme (CGHS). In 2001 the applicant and the applicant’s wife incurred …Read more

Tags: Access to treatment, Emergency care, Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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