Loading, please wait...
208 judgments found.


People’s Union for Civil Liberties v Union of India and Ors

Country: India
Year: 2003
Court: Supreme Court of India
Citation: WRIT PETITION (CIVIL) NO. 196 OF 2001
Health Topics: Diet and nutrition, Poverty
Human Rights: Right to food, Right to health, Right to life
Download Judgment: English

Ex. Const. Badan Singh v. Union of India and Anr.

Country: India
Year: 2002
Court: High Court - Delhi
Citation: 2002 VIIIAD Delhi 553; 97 (2002) DLT 986
Health Topics: Disabilities, Health systems and financing, HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

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

Tags: Employment, Hepatitis, HIV positive, People living with HIV/AIDS, PLHIV, Reimbursement, TB, Tuberculosis
Download Judgment: English

AIDS Access Foundation, et al.. v. Bristol Myers-Squibb, et al.

Country: Thailand
Year: 2002
Court: Central Intellectual Property and International Trade Court
Citation: Black Case No. Tor Por 34/2544, Red Case No. 92/2545 (2002)
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

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

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Patents, People living with HIV/AIDS, Pharmaceuticals, PLHIV
Download Judgment: English

Somapala Fernando v. S.C. Fernando

Country: Sri Lanka
Year: 2002
Court: Court of Appeal
Citation: CA NO. 86/94 (F)
Health Topics: Environmental health
Facts:

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

Tags: Air pollution, Environmental degradation, Environmental hazards, Pollution
Download Judgment: English

Smoke Affected Residents v. Municipal Corporation of Greater Mumbai

Country: India
Year: 2002
Court: High Court - Bombay
Citation: 2003 (3) BomCR 323
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to a clean environment
Facts:

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

Tags: Air pollution, Air safety, Asthma, Environmental degradation, Pollution, Respiratory diseases, Safety regulation
Download Judgment:

Physicians for Human Rights v. Commander of the IDF Forces in the West Bank

Country: Israel
Year: 2002
Court: Supreme Court
Citation: HCJ 2117/01
Health Topics: Disasters and emergencies, Violence
Human Rights: Right to life
Facts:

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

Tags: Armed conflict, Health care professionals, Health care workers, Humanitarian crisis, Military, Militias
Download Judgment: English

Physicians for Human Rights, et. al v. Commander of IDF Forces in the West Bank

Country: Israel
Year: 2002
Court: Supreme Court
Citation: HCJ 2936/02; HCJ 2941/02
Health Topics: Disasters and emergencies, Health care and health services, Hospitals, Violence
Facts:

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

Tags: Access to health care, Access to treatment, Armed conflict, Emergency care, Health facilities, Humanitarian crisis, Military
Download Judgment: English

Saroj Iyer and Anr. v. Maharashtra Medical Council of Indian Medicine

Country: India
Year: 2002
Court: High Court - Bombay
Citation: AIR 2002 Bom 97; 2002 (3) BomCR 416; (2002) 1 BOMLR 504
Health Topics: Health information
Human Rights: Freedom of expression, Right of access to information
Facts:

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

Tags: Awareness, Freedom of information
Download Judgment: English

Shri V.K. Gupta v. Union of India and Anr

Country: India
Year: 2002
Court: High Court - Delhi
Citation: 2002 IIIAD Delhi 1054; 97 (2002) DLT 337
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:

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

Tags: Heart disease, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Dr Mohiuddin Farooque, et al. v. Bangladesh (Ministry of Communication)

Country: Bangladesh
Year: 2002
Court: Supreme Court - High Court Division
Citation: 22 BLD (HCD) 2002 345
Health Topics: Environmental health, Health systems and financing, Public safety
Human Rights: Right to a clean environment, Right to life
Facts:

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

Tags: Air pollution, Budget, Environmental degradation, Health regulation, Pollution
Download Judgment: English

C.V.L. Narasimha Rao v. Principal Sec. Medical and Health Dept.

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2001 (6) ALT1
Health Topics: Disabilities, Health systems and financing, Hospitals, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

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

Tags: Blind, Disabled, Handicapped, Health facilities, Public hospitals
Download Judgment: English

Dr Mohiuddin Farooque, et al. v. Government of Bangladesh, et al.

Country: Bangladesh
Year: 2001
Court: Supreme Court - High Court Division
Citation: 22 BLD (HDC) (2002) 534
Health Topics: Environmental health, Health systems and financing, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

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

Tags: Air pollution, Clean water, Cleanliness, Contamination, Environmental degradation, Industrial waste, Pollution, Waste, Waste management, Water pollution
Download Judgment: English

Professor Yosef Gamzu v. Na’ama Yeshayahu

Country: Israel
Year: 2001
Court: Supreme Court (sitting as the Court of Civil Appeal)
Citation: LCA 4905/98
Health Topics: Diet and nutrition, Poverty
Human Rights: Right to food, Right to health, Right to housing, Right to liberty and security of person
Facts:

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

Tags: Hunger, Indigent, Low income, Poor, Starvation
Download Judgment: English Hebrew

Anand Mohan v. Union of India

Country: India
Year: 2001
Court: High Court - Allahabad
Citation: II (2002) ACC 260; 2002 (1) AWC 819
Health Topics: Public safety
Human Rights: Freedom of movement and residence, Right to health, Right to life, Right to work
Facts:

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

Tags: Traffic safety
Download Judgment: English

Siromani Mittasala v. President, Brindavanam Colony

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 (1) ALD 136; 2002 (2) ALT 356
Health Topics: Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

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

Tags: Drinking water, Malaria, Pollution, Sewage, Waste management, Water-borne disease
Download Judgment: English

M. Vijaya v. Chairman and Managing Director, Singareni Collieries Co. Ltd., Hyd. and Ors

Country: India
Year: 2001
Court: High Court - Andhra Pradesh
Citation: 2002 ACJ 32; AIR 2001 AP 502; 201 (5) ALD 522; 2001 (5) ALT 154; 2001 (2) APLJ 450
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Hospitals, Infectious diseases, Medical malpractice, Medicines
Human Rights: Right to health, Right to life
Facts:

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

Tags: Access to medicines, Blood transfusion, Examination, Injecting drug users, Negligence, Reimbursement, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Testing
Download Judgment: English

Veena Sharma v. State Bank of India and Ors

Country: India
Year: 2001
Court: High Court - Patna
Citation: 2001 (49) BLJR 1543; (2001) IILLJ 1333 Pat
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:

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

Tags: Access to treatment, Private hospitals, Public hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Lt. Col. B.S. Dhanda v. Union of India and Others

Country: India
Year: 2001
Court: High Court - Delhi
Citation: MANU/DE/0868/2001
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:

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

Tags: Access to treatment, Heart disease, Military, Private hospitals, Reimbursement, Secondary care, Tertiary care
Download Judgment: English

Murli S. Deora v. Union Of India and Others

Country: India
Year: 2001
Court: Supreme Court
Citation: (2001) 8 SCC 765; AIR 2002 SC 40; 2002 (1) ALD 88 SC; 2001 (6) ALT 35 SC
Health Topics: Chronic and noncommunicable diseases, Environmental health, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

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

Tags: Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

T. RAMAKRISHNA RAO V.CHAIRMAN, HYDERABAD URBAN DEVELOPMENT AUTHORITY, HYD. AND OTHERS

Country: India
Year: 2001
Court: High Court of Judicature of Andhra Pradesh at Hyderabad
Citation: 2001 SCC OnLine AP 613
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
Facts:

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

Tags: Environmental degradation, Industrial waste, Water pollution
Download Judgment: English

D.K. Joshi v. State of U.P.

Country: India
Year: 2000
Court: Supreme Court
Citation: (2000) 5 SCC 80; 2000 (4) ALT 81 (SC); JT 2000 (5) SC 211; 2000 (4) SCALE 72; (2000) 5 SCC 80
Health Topics: Medical malpractice, Medicines
Human Rights: Right to life
Facts:

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

Tags: Access to medicines
Download Judgment: English

A. v. Union of India

Country: India
Year: 2000
Court: High Court - Bombay
Citation: Writ Petition No. 1623 of 2000
Health Topics: HIV/AIDS, Infectious diseases, Occupational health
Human Rights: Freedom from discrimination
Facts:

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

Tags: Employment, HIV positive, People living with HIV/AIDS, PLHIV, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs
Download Judgment: English

Prof. Nurul Islam, et al. v. Government of the People’s Republic of Bangladesh, et al.

Country: Bangladesh
Year: 2000
Court: Supreme Court - High Court Division
Citation: 52 DLR (2000) 413
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

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

Tags: Air pollution, Asthma, Cancer, Children, Health regulation, Lung disease, Minor, Noncommunicable diseases, Passive smoking, Pediatric health, Pollution, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

People of the Philippines v. Estrada and Lanuza

Country: Philippines
Year: 2000
Court: Supreme Court
Citation: G.R. No. 124461
Health Topics: Medicines
Human Rights: Right to health
Facts:

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

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Manufacturing, Pharmaceuticals, Spurious medicines
Download Judgment: English

Weerawansa v. Attorney General, et al.

Country: Sri Lanka
Year: 2000
Court: Supreme Court
Citation: [2000] 1 LRC 407; (2000) 3 CHRLD 211
Health Topics: Prisons
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

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

Tags: Custody, Detainee, Detention, Jail, Law enforcement, Police
Download Judgment:

A.P. Pollution Control Board II v. Prof. M.V. Nayudu and Ors

Country: India
Year: 2000
Court: Supreme Court
Citation: Appeal (civil) 368-371 of 1999
Health Topics: Environmental health, Public safety, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

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

Tags: Clean water, Drinking water, Industrial waste, Pollution, Potable water, Precautionary principle, Safe drinking water, Water pollution, Water safety
Download Judgment: English

Subodh Sarma and Anr. v. State of Assam and Ors

Country: India
Year: 2000
Court: High Court - Gauhati
Citation: Civil Rule No. 3984/96
Health Topics: Health care and health services, Health systems and financing, HIV/AIDS, Infectious diseases, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

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

Tags: Access to medicines
Download Judgment: English

Bulankulama and six others v. The Secretary, Ministry of Industrial Development and seven others

Country: Sri Lanka
Year: 2000
Court: Supreme Court
Citation: SC Application No 884/99 (FR), unreported
Health Topics: Environmental health, Infectious diseases
Human Rights: Freedom of movement and residence, Right of access to information, Right to a clean environment, Right to development, Right to work, Rights to the benefits of culture
Facts:

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

Tags: Environmental degradation, Forced displacement, Industrial waste, Malaria, Pollution
Download Judgment: English

Kurukulasuriyage Don Douglas Hemapriya Dayarathna, et al. v Minister of Health and Indigenous Medicine, et al.

Country: Sri Lanka
Year: 1999
Court: Supreme Court
Citation: SC Application Nos 513-528/98, unreported
Human Rights: Right to work
Facts:

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

Tags: Health care professionals, Health care workers
Download Judgment:

Advocate Prakash Mani Sharma v. Government of Nepal and Others

Country: Nepal
Year: 1999
Court: Supreme Court
Citation: Writ No.064 WO 0230
Health Topics: Child and adolescent health, Diet and nutrition, Health care and health services, Health information, Health systems and financing, Hospitals, Poverty, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to health, Right to life, Right to privacy
Facts:

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

Tags: Abortion, Access to health care, Access to treatment, Awareness, Budget, Child development, Child mortality, Childbirth, Children, Diet, Family planning, Food, Health care workers, Health education, Health expenditures, Health funding, Health promotion, Health spending, Infant health, Infant mortality, Malnutrition, Maternal health, Maternal mortality, Miscarriage, Pediatric health, Poor, Pregnancy, Primary care, Termination of pregnancy, Underprivileged, Unsafe abortion
Download Judgment: English