State govt reminded of its ‘constitutional’ duties, HC asks it to keep the public informed about monsoon preparedness

The Bombay High Court recently reminded the Maharashtra government of its duty towards the public at large and particularly the obligation to raise the standard of living of the people. The HC accordingly directed the government to issue appropriate guidelines informing people about the precautions to be taken during the forthcoming monsoon season.

A division bench of Justice Naresh Patil and Justice Girish Kulkarni embarrassed the government by reminding it of its "constitutional" duty of maintaining public health, which it seems to have forgotten.

The judges also directed the government to ensure it provides all hospitals with ample stock of medicines and other essentials, required to maintain public health.

Justice Patil said, "We expect the State machinery to well equipp the government hospitals with stock of medicines, injections during rainy season. The State would take necessary steps to issue advisory to people for taking necessary precautions in the coming rainy season.

"We may draw the attention of the government to Article 47 of the Constitution of India which casts an obligation on the State to raise the levels of nutrition and the standards of living and to improve public health. The State shall regard this among its primary duties," Justice Patil said while referring to Article 47.

The judges left the government red-faced while hearing a Public Interest Litigation (PIL) seeking directions to set up laboratories in government-run hospitals. The PIL seeks directions to set up laboratories for testing virus like the H1N1 or the swine flu, due to which several people have died over the last few years.

The PIL highlighted the woes of the rural populace, who are compelled to travel all the way to Mumbai to get the tests done.

Pursuant to earlier orders of the HC, the government informed the judges that it has decided to set up one such laboratory in a hospital in Aurangabad and the survey for the construction of the lab is already done. The government pleader submitted that the lab will prove as a boon for the citizens of Maratgwada region. On the contrary, the advocate for the petitioner apprised the judges of the fact that districts like Ratnagiri, Sindhudurg, Satara, Sangali, Kolhapur do not have any such laboratory.

Having heard the contentions, the judges adjourned the matter till June, directing the government to consider setting up labs at medical colleges and hospitals in all these districts.