People's Health Rights

People's Health Rights

One of the most critical challenges facing India today is reduction of funds allocated for the health of its people. In fact, the State has discreetly withdrawn from the public health system in the country, handing over more and more services, treatment and medications to the corporates, making it impossible for those with low incomes to pay their way through. Espousing the WHO’s broad definition of health as “a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity”, the People’s Health Rights Initiative (PHRI) works to safeguard human rights enshrined in the Constitution of India and ensure the right to life and health through the use of law.

What SLIC Does

Given the intrinsic link between health and the work that the Socio-Legal Information Centre undertakes through its HIV/AIDS, Disability, Women, Child Rights, Sexual and Reproductive Rights Initiative, etc, this Initiative’s efforts are reflected in all our programmes.

Our primary concern is to provide legal services to persons who have been denied treatment, discriminated against, or excluded from the public health system. To this end, the PHRI has filed a series of cases relating to people’s health rights and is setting numerous legal precedents through these cases. Through the strategic use of litigation, it not only provides access to justice for individuals contesting the case, but also develops the definition and concept of people’s health rights in the Indian judiciary by developing positive case-law precedents.

PHRI firmly believes that India must provide access to free medical treatment for its poor and marginalized populations. It therefore strongly advocates against the government’s recent moves to privatize health, insisting that the health system has to prioritize the needs of the poor and needy above all else. Its lawyers and activists participate actively in national debates on health law and policy, engage in advocacy on health rights, train lawyers, activists, and the public about people’s health rights under Indian law, and collaborate with health activists around the country to monitor the implementation of existing government health schemes such as the National Rural Health Mission, the National Maternity Benefit Scheme, the Jannani Surakha Yojana, etc.

Main Concerns

·      Right to life
·      Right to health
·      Universal access to treatment
·      Free access to treatment for the poor and marginalized
·      Universal access to essential drugs
·      Right to information
·      Right to informed consent
·      Right of choice
·      Medical negligence
·      Reasonable care

SLIC Impact

Prior to SLIC’s interventions in the sphere of public health rights, there was virtually no case law that the courts could rely on in cases of violation of people’s right to health. The PHRI team has filed a number of cases that have set case law precedent in Indian judicial history and have expanded the national judicial discourse on health rights. These legal precedents have allowed for people across the country to use the courts to litigate for their right to health.

One landmark petition raised issues that vitally affected the public health and bio-security of the country by challenging the closure of several public sector vaccine production units in the states of Andhra Pradesh and Tamil Nadu. Vaccines are vital in the public health programme of all nations as they are necessary for immunization programmes. The closure of various public sector vaccine production units by the government in favor of privatization would severely impede the availability of vaccines to the poorest and neediest groups. This case achieved its objective as government had to reopen the closed vaccine units. Although this case continues to be heard in the Supreme Court, the larger-scale impact of this petition has been that health activists across the country are now pressing for a rational vaccine policy, which will ensure vaccine security of the country in the long term. (See SP Shukla Vs. Union of India for further information).

Another case filed before the Supreme Court challenged the government of India’s decision to introduce legislation that would alter India’s patent laws and de-subscribe essential medication that was previously subject to price controls. This would have the effect of making new and essential medicines more expensive, effectively placing them beyond the reach of millions of India’s poor. Although this case is still being heard, it has the potential to impact millions by calling for a just and equitable pharmaceutical policy based on the public health needs of the masses, and by ensuring that the government issues a list of essential medicines that would be subject to price controls.

The initiative has filed a series of cases that have achieved results by ensuring the rights of persons with specific health violations. This includes a case arguing for the rights of haemophiliacs to essential life-saving drugs at affordable prices, a case ensuring that the medical costs of prisoners are borne by the state, and a case enquiring into state officials engaging in religious practices in government hospitals that was causing hardship to people whose medical treatment was cancelled as a result.

Its team has also filed a series of cases relating to the conditions of Public Health Centres, Community Health Centres, and facilities in public hospitals. Due to its legal interventions, the government has ordered that blood facilities be made available and has given directions for a number of states to conduct inquiries into their public health systems.

training

State Consultation on Tiger Widows, Forest Rights Act, Reproductive Health Rights, and Human Trafficking

Sundarban is the largest tidal mangrove forest located in the south-east of India adjoining the Bay of Bengal with ...read more

training

STATE CONSULTATION ON DISABILITY RIGHTS, PRISONERS RIGHTS, FOREST RIGHTS AND WOMEN’S JUSTICE.

DISABILITY RIGHTS Worldwide one billion individuals have a disability. Many people with disabilities ...read more

training

MALBAZAR DISTRICT MEETING

Trafficking in persons is a serious crime and a grave violation of Human Rights, every year, thousands of women and ch ...read more

training

North Dinajpur District Meeting

Census 2011 pegs the number of persons with disabilities in India at 26.9 million, which is 2.12% of th ...read more

training

Jalpaiguri District Meeting

As per the latest HIV estimates report (2019) of the Government, India is estimated to have around 23.49 ...read more

training

Bongaon District Meeting

Attaining equality between women and men and eliminating all forms of discrimination against women are fundame ...read more

litigation

Madras High Court Issued Notice to Tamil Nadu Government on re-opening of the Speciality Transgender clinic at Rajiv Gandhi Government General Hospital, Chennai.

Sivakumar TD Vs. State of Tamil Nadu & Ors WP No. 16248 of 2021
Pending

training

State Level Meeting on Violation of Human Rights in West Bengal During Covid 19

Prior to the announcement of the National Lockdown on 25 March 2020, a number of courts had shut down in response to t ...read more

litigation

Legal Interventions for Thalassemia patients in Jharkhand

Arun kumar Singh Vs. State of Jharkahnd & others
Pending

litigation

PIL filed in Orissa High Court seeking priority vaccines and Covid care management to Adivasi and PVTGs

Upendra Bhai Vrs State of Odisha and others-W.P.(C) PIL No. 17182 of 2021
Pending

litigation

Intervenor Application filed in the Patna High Court for regulating the price of ambulance and emergency medical services during the pandemic

Mrityunjay Kumar Vs. State of Bihar & Others IA No. 4/ 21 in CWJC 353/2021
Pending

litigation

Minor rape survivor's safe medical termination of pregnancy of 23 weeks

Madhusudha Biswal Vrs State of Odisha -W.P.(C) No. 13546 of 2021
Disposed off

litigation

Sundergarh tribal villages objection to plying of commercial coal laden vehicle through their village road.

Rajendra Naik and others Vrs State of Odisha and others -W.P.(C) No. 6587 of 2021
Disposed off

litigation

Medical Negligence

Court on its own motion Versus The State of Jharkhand W. P. (PIL) No. 645 of 2021
Inquiry team has to file its report and state of Jharkhand has to file its response

litigation

State Quarantine Centre in Deplorable Condition: Lekhi, Arunachal Pradesh

PIL 6 of 2020, Sange Dakpa Loda versus Union of India
Disposed off with directions

litigation

SLIC files Amicus in before Republic of Uganda for establishing food reserves

MIsc Appeal in CIVIL APPEAL N0.______OF 2020 AND 1. CENTER FOR FOOD AND ADEQUATE LIVING RIGHTS (CEFROHT) 2. ATTORNEY GENERAL
Pending

litigation

Promote, Protect and Preserve The Health & Hygiene of adolescent girls

Sheela Vs. State of M.P., W.P. No. 6840/2020
Pending

litigation

Karnataka High Court directs Government of India to consider modification of SOP for treatment of Covid-19 symptoms to protect patients' right of choice

A. Varughese & Anr. v. Union of India & Ors. WP No. 9773/2020 (GM-PIL)
Disposed off

training

Using the Law for Human Rights in Arunachal Pradesh

On 18th July, the Socio-Legal Information Centre, in collaboration with North East Support Centre & Helpline, Himala ...read more

litigation

Medical Termination of Pregnancy of rape victim

Raju Ravidas Versus State of Jharkhand and ors.
Disposed of

litigation

Patna High Court takes cognisance of lack of availability of ART Drugs

Mr. ABC vs Executive Director (Health) cum Project Director, Bihar State AIDS Control Society, Bihar
Disposed off

publication

Relief Work - Bihar Unit

SLIC team (Deepak Kumar Singh, Shashwat, Vishal and Fazal Abdali) initiated the identification of the vulnerable familie ...read more

publication

Fact Finding on Manual Scavenging

A team comprising one lawyer from Socio-Legal Information Centre (SLIC) , a law student and a couple of local Social Act ...read more

news_story

High Court Seeks Reply From State in Petition Against Improper Implementation of Menstrual Hygiene Scheme

Indore bench of Madhya Pradesh HC has issued notice to state govt seeking reply in a petition filed against failur ...read more

news_story

Govt Schools to Deliver Sanitary Pads to Girl Students

...read more

news_story

Madhya Pradesh HC seeks reply from state in petition against improper implementation of Menstrual Hygiene Scheme

INDORE: Indore bench of MP high court has issued notice to state government seeking reply in a petition filed agai ...read more

news_story

Govt Schools to Deliver Sanitary Pads to Girl Students

...read more

litigation

PIL for Leprosy Patients

Sarang Vs State of Madhya Pradesh W.P. No. 903/2020
Pending

litigation

Plea in SC highlights need for an increase in Blood Banks in India

news_story

File Fire Safety Status Report in 4 Weeks

...read more

news_story

Get Final Fire NOC in 4 wks, MHY Told

...read more

litigation

Court directs compensation to couple defrauded by medical centre, doctors who pretended to “cure” HIV

litigation

SC passes directs Union, states to ensure treatment, education and equality for persons affected by leprosy

litigation

PIL filed for expanding Indira Gandhi Matritva Sahyog Yojana in tea estates of Assam's Sonitpur district

litigation

Petition against State's effort to corporatize healthcare services (Setting up Dialysis units in Goa)

litigation

Chhattisgarh HC passes orders in PIL concerning Hepatitis E-virus epidemic caused by water contamination

litigation

Wayanad: Biological mother granted custody of minor child, who was separated from adoptive mother

litigation

Bombay High Court grants permission to abort 25 week old pregnancy of minor rape survivor

litigation

Cervical cancer vaccine case: Can rely on Parliamentary Committee Reports as evidence in court, says Supreme Court

litigation

Peitition in case of maternal death due to non-implementation of healthcare schemes

litigation

Manipur HC asks state to ensure free entitlements for pregnant women, newborns

news_story

Kerala SLIC provides medical aid to infirm, old Adivasi woman, files petition to improve quality of life

An elderly adivadi woman from the Paniya community had been suffering from cancerous growth in her mouth. She lived with ...read more

publication

Indian Public Health Standards & Right to Health: A Case Study of Raga Primary Health Centre

Amongst the various persisting health problems in India, one of the most pressing – both as a public health and as a h ...read more

publication

Indian Public Health Standards & Right to Health: A Case Study of Ziro District Hospital

“For a middle-income country of its stature and level of development, the rate of maternal deaths in India is shocking ...read more

news_story

Fire at MY Hospital

...read more

litigation

Indore’s MY Hospital fire: Petition seeks action against negligent authorities, compensation

litigation

Railways employee cannot ‘disown’ wife, daughter, says Delhi HC, directs Northern Railways to include their names in medical card

litigation

Delhi HC orders enquiry into medical negligence of pregnant woman who gave birth in a rickshaw

litigation

Pregnant woman's death: Petition filed to highlight failed implementation of NFA Act, 2013

litigation

Consumer court order company to pay man who was denied insurance payment after wife’s death

publication

ESIC cannot sell/lease its medical colleges, says Delhi high court

In a significant move, the Delhi high court on Thursday (October 12, 2017) declared as “legally impermissible” the E ...read more

litigation

Delhi HC strikes down ESIC’s fraudulent move to create, sell medical institutions

Balaraj Jadhav and Ors. Vs. Union of India and Ors W.P.(C) No. 11837 of 2015
Disposed off

litigation

PIL filed for enforcement of the right to have pothole-free road in reasonable condition in Tripura's Khamper village

litigation

Maternal death due to non-implementation of healthcare schemes in Nagaland's Mon District

publication

Using the Law for Public Health

Editor: Augustine Veliath. Coordination: Sanjai Sharma. ...read more

litigation

Petition filed against arbitrary denial of Mother and Child Protection Card

litigation

Order passed asking respsondents to comply with the NRHM and facilitate health services in tea garden areas

litigation

Petitioner approaches High Court for immediate relief under Atal Amrit Abhiyan scheme

litigation

PIL filed praying for establishment of blood bank and blood storage facilities in Udalguri

litigation

Petition filed for access to basic health facilities in lower Dibhang Valley, Arunachal Pradesh

litigation

Non-implementation of Indian Public Health Standard (IPHS) guidelines in Lower Dibang Valley District of Arunachal Pradesh

litigation

SLIC’s lawyer establish prosecution's failure to prove that authorized officer seized the ganja from conscious possession of appellants

litigation

Seeking a comprehensive policy and plan of action for diagnosis, treatment of hemophiliacs

publication

SLIC files petition seeking action against alarming number of children dying from malnutrition in MP

Shriprakash Singh Nimraje vs State of MP & Ors Several children have died of malnutrition-related ailments in Madhya ...read more

litigation

Petition against the decision to shift the Fundurdihari Primary Health Centre from Patel Para to Rampur, Sundarpur, in Chhattisgarh

litigation

PIL for the enforcement of the right to have pothole-free road in reasonable condition in Tripura

litigation

PIL on high flouride content in drinking water in Bodra village, Jharkhand

litigation

Sexual violence, physical assault, looting of property and destruction of property by the security forces consisting of CoBRA, CRPF, District Reserve Guard (DRG) and the local police in the villages of Pedagallur, Chhattisgarh

litigation

Dismal condition of Public Hospitals in Sukma district, Chhattisgarh

litigation

Order issued to the State of Haryana to release funds for the treatment of Acid Attack Survivors

litigation

Supreme Court orders central govt to formulate and adopt measures to eradicate leprosy

litigation

Petition seeking the recognition and implementation of the provisions of the Medical Termination of Pregnancy Act, 1971 in Chhattisgarh

litigation

Mandamus Writ before the Kerala HC seeking disciplinary action for custodial violence

litigation

Maternal death in District Hospital of Tuensang, Nagaland

litigation

Supreme Court highlights the low status of women in Indian families, in PIL judgement on non-implementation of the PCPNDT Act

litigation

Negligence and poor implementation of maternal benefit provisions leads to Maternal death, husband files petition.

litigation

Petitione filed in case of Maternal death due to negligence and poor implementation of Maternity Benefit Schemes.

publication

Fact findings on Public Health Centres in South West Khasi Hills, Shillong

Please find the Fact Finding Report attached. Public Health Centres in South West Khasi hills Districts of Meghalay ...read more

publication

Fact finding report on Public Heath Centres in Meghalaya

Please find the Fact finding report attached. Rambrai Public health centre In West West Khasi Hills District of Me ...read more

litigation

Maternal death caused due to non-implementation of health care schemes, petition filed in Odisha High Court

litigation

After Pregnant lady dies due to negligence and poor treatment, husband files petition against non-implementation of the welfare schemes and violation of reproductive rights/ right to health of the mother.

litigation

Maternal death due to negligence and non-conformity to welfare provisions, Petition filed for the same

litigation

Defending inclusion of life saving anti-diabetic and cardiovascular drugs under non-scheduled products to ensure they are available at low cost

litigation

Maintenance Petition filed in the case of Domestic Violence

litigation

Pregnant woman denied Food Security Act, JSY, JSSK benefits

litigation

Petition filed in the wake of maternal death at Ntuma village in Peren District, Nagaland

litigation

Petition filed for violation of government schemes National Health Mission including the Janani Shishu Suraksha Karyakram (JSSK), Mamoni Scheme and Mamta Scheme) and National Food Security, 2013

litigation

Maternal death due to the poor implementation of maternal health schemes, absence of ante-natal care, a broken referral system and substandard medical treatment in the District Hospital of Dimapur

litigation

8 lac compensation to the family of the sewage worker who died from suffocation inside a sewer chamber and contractor banned for 7 years

litigation

Sikkim Government to Build More Toilets in Gynecology Wards as first phase towards providing better facilities: National Rural Health Mission in Sikkim Comes under scanner of Sikkim High Court

litigation

PIL filed to fix state accountability and for improving health services in mental health institutions

litigation

The Hon'ble High Court of Madhya Pradesh has given last opportunity to the state government to reply in regards to implemention of the National Health Mission

litigation

Mass Hysterectomy : Dr. Narendra Gupta vs. Union of India & Others; Supreme Court of India, Writ Petition (Civil) 131/2013

litigation