The Petitioner, Ex. Const. Badan Singh, was an employee of the Border Security Force (BSF). While in employment he found out that he was living with HIV. Being considered unfit for employment by the Medical Board and the competent authority, he was discharged from service with a 70% disability. The Petitioner filed the petition in …Read more
The Plaintiffs were the AIDS Access Foundation, a non-governmental organization committed to protecting the rights and welfare of people living with HIV, and two persons living with HIV. The Defendant, Bristol Myers-Squibb, is a multinational pharmaceutical company based in the United States. The Court also summoned the Department of Intellectual Property as co-defendant. Defendant Bristol …Read more
The Petitioner was to construct a brick kiln close to the Respondent’s house. The Respondent complained that the smoke emitted by the brick kiln would pose a threat to the health of those in the neighborhood. The Respondent claimed that, in addition being harmful to the inhabitants of his house, the smoke would also cause …Read more
A petition was filed by the Smoke Affected Residents’ Forum seeking appropriate directions from the Court for measures to control and reduce auto emissions from vehicles plying in Mumbai. These were with respect to the consumption of unleaded petrol, reduction of sulphur content in diesel oil, issuance of ‘Pollution Under Control’ certificates and ensuring that …Read more
Israeli Defense Forces (IDF) soldiers allegedly shot at ambulances and wounded the medical teams travelling in them. Petitioners filed a prospective petition, requesting that the Court order the State to explain such shootings and demand their cessation. According to the State, the IDF soldiers had fired on the ambulances because Palestinian fighters had, on several …Read more
These petitions were filed during Israel Defense Force (“IDF”) combat activities (called “Operation Defensive Wall”) in the areas of the Palestinian Authority. IDF forces allegedly shot at the Red Cross and its medical teams who were working out of ambulances and in the hospitals. This prevented workers from taking the sick and wounded to hospitals …Read more
This judgment is a joint judgment of two separate but nearly identical writ petitions. The first petitioner sought to attend an enquiry by the Maharashtra Medical Council, the first respondent, investigating a malpractice complaint against a former doctor, Dr. P. B. Desai, who was a nationally known figure. The first respondent denied the first petitioner …Read more
Shri V.K. Gupta, the Petitioner, was an employee of the Delhi High Court and was covered by the Central Government Health Scheme. He underwent an open heart surgery at Escorts Heart Institute and Research Centre Ltd. (EHIRC), which was approved by the Registrar of the Delhi High Court. Full reimbursement was denied to the Petitioner …Read more
Petitioners filed a writ petition arguing that the environment of Dhaka City and the health of its inhabitants were under threat from the “emissions of hazardous smokes and noises in the air from faulty and unfit motor vehicles lacking road worthiness as required by law.” An investigation conducted by the petitioner and the Executive Committee …Read more
A letter sent to the Andhra Pradesh High Court informed it of the death of an inmate in a Government hostel for the blind and of the inhumane conditions in the hostel. The letter requested the High Court to intervene in the interest of justice. The High Court converted the letter in to a public …Read more
The Petitioner was the Secretary of Bangladesh Environmental Lawyers Association (BELA) until his death. He was concerned about the increase in industrial pollution in the country and the Government’s lack of combative measures to tackle the issue. The Department of Environment, Pollution Control had carried out a survey identifying 903 industries that caused ecological imbalances …Read more
The appellant owed the respondent and her daughter a maintenance debt that had accumulated to about 1.25 million New Shekel, having previously failed to pay regular maintenance and child support payments to his wife and daughter. Being unable to afford this amount as a lump sum, he sought to have the Head of the Execution …Read more
The petitioner challenged as ultra vires the provision requiring motorcyclists to wear protective helmets. The law exempted Sikhs who wear turbans while riding on motorcyclists. The petitioner claimed that this provision violated Article 19(a) of the Constitution, which, inter alia, confers the right on all citizens to practice any profession or to carry on any …Read more
Brindavan Colony was draining untreated sewage into the municipal underground pipeline and the Papireddy tank, which tank supplied water to the residents of Kavali. The Kavali municipality had failed to provide a proper drainage system, resulting in polluted water and the outbreak of mosquito-born epidemics. There was a nearby water supply scheme being built which, …Read more
The Petitioner was the wife of a Pump Operator working for the Respondent, Singareni Colleries Co. Ltd. The Petitioner underwent a family planning operation at the Singareni Maternity Hospital (the Hospital) after which she suffered from abdominal pains. Her pains led to a diagnosis of Chronic Cervicitis for which she had to undergo a hysterectomy. …Read more
Veena Sharma, the Petitioner, submitted medical bills incurred during her late husband’s hospitalization. After contracting a disease, her late husband was admitted to a hospital. After being discharged, his condition deteriorated. On the recommendation of the State of India, the Respondent, and the Bank’s doctor, he was admitted in a different private hospital. Upon submitting …Read more
Lt. Col. B.S. Dhanda, the Petitioner, was an army official who was advised to undergo angiography and other specialized treatment at Escorts Hospital. The medial expenses incurred during this period were cleared by the Army Hospital. On submitting the bills for reimbursement, only a part of the claim was reimbursed. The Petitioner unsuccessfully filed a …Read more
Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year, with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually. The World Health Organisation estimated that up to seven million deaths, worldwide, per year were attributable to tobacco related disease, of which sixty million deaths occurred …Read more
The petitioner, Mr. T Ramakrishna Rao, was a member of the A.P. High Court Bar. He wrote a letter dated 13-12-1998 to the Andhra Pradesh High Court. The basis of the letter was a news article titled “A Victim of Urbanisation” published in an english daily, The Indian Express on 28-11-1998. The article highlighted the …Read more
D.K. Joshi, the Appellant, had filed a public interest litigation in the Allahabad High Court under Article 226 of the Constitution of India (original writ jurisdiction of High Courts) seeking directions against unauthorized and unregistered doctors in Agra, Uttar Pradesh (U.P.). The petition was dismissed on the ground that an enquiry should first be completed …Read more
A, the Petitioner, was a Master Chief Engine Room Artificer-II Class in the Indian Navy. In 1997, he was found to be living with HIV. He was put in low medical category but allowed to remain in service and complete 15 years of service, which made him eligible for pension and other benefits. In 1999, …Read more
The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more
The Petitioner sought to appeal an earlier order of the Supreme Court requiring that seized drugs be returned. In that case, the Court had declared a search warrant invalid for failing to meet constitutional requirements, and required the Petitioner to return the drugs seized in a contraband raid. The drugs had been found genuine upon …Read more
W, an Assistant Superintendent of Customs, was arrested on 30 April 1996 by the Criminal Investigation Department (CID) acting on the second respondent’s (DIG Sumanasekera) instructions on suspicion of aiding and abetting the smuggling of illegal weapons. They purported to act under s 6(1) of the Prevention of Terrorism (Temporary Provisions) Act, No 48 of …Read more
Respondent industry sought to establish a new factory in the State of Andhra Pradesh to produce vegetable oils. The industry purchased land in Peddashpur village, within 10KM of two reservoirs that provided drinking water for 5 million people. In 1988, the Ministry of Forests and Environment established a “red” list of hazardous industries, including industry …Read more
Jahnabi Goswami Sharma was the wife of an “AIDS patient.” Her “miserable plight” prompted the Petitioner, Subodh Sharma, an independent social activist, to file a public interest litigation on behalf of people living with HIV and members of their family in the Gauhati High Court under Article 226 of the Constitution of India (original writ jurisdiction …Read more
The respondents entered into a draft agreement with a leading US mining company for the exploration of phosphate deposits in Eppawela, an agriculturally developed area of great historical importance and archaeological value. The proposed area of exploration was described as land ‘initially covering 56 square kilometers’. The petitioners, residents of Eppawela, started proceedings in the …Read more
The sixteen petitioners responded to a notification in the Government Gazette calling for applications for training as Assistant Medical Practitioners (AMP). All the petitioners possessed the stipulated qualifications, submitted applications in the terms of the notification and successfully sat the examination qualifying them for the training. However, before the final stage of the process, which involves …Read more
Under Article 20(2) of the Interim Constitution 2063 in Nepal, every woman in Nepal had the fundamental right to reproductive health. However, there were no effective health services addressing the issue of uterine prolapse, a serious ailment affecting nearly 600,000 women in Nepal. The Petitioners, among others, Pro-Public, an organization working in the area of …Read more