P.D.JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a Public Interest Litigation filed by a social worker pointing out the difficulties faced by thousands of tribal people in the Attappady area due to lack of facilities and required staff in the nearby Kottathara Tribal Super Speciality hospital, and other adverse circumstances prevailing for want of residential accommodations for the doctors and staff of the hospital, failure in supply of essentials including food, water etc. The following are the reliefs sought for in the writ petition:

(2.) The main ground put forth is that the State Government is not providing sufficient infrastructure and other facilities at the hospital, which is one of the reasons why the doctors are reluctant to serve in the Attappady Adivasi area. That apart, it is submitted that though notice boards are installed in the local Government offices and police stations for awareness of the atrocities committed against the SC/ST communities, no fruitful result could be achieved out of that. Further, it is stated that in the Attappady area, infant mortality rate is increasing due to the absence of necessary and adequate treatment and required facilities, which is a naked violation of human rights. It is also stated that even though there are SC/ST Commissions in the National Level and State Level, such Commissions have failed to discharge their duties to protect the interest of the adivasi people. Apart from the same, it is submitted that the day-to-day life of adivasi people living in caves is highly deplorable, and that due to the lack of adequate transport facility to reach the hospital for treatment, utmost difficulties are faced by the tribals.

(3.) A copy of the National Rural Health Mission survey report published in the Hindu Daily is produced as Ext.P1 and the article published in the Indian Express Daily dated 04.11.2014 about the infant mortality in the tribal area is produced as Ext.P2. The petitioner has also pointed out that out of 150 patients approaching Kottathara Hospital daily, which is the nearest hospital situated near the tribal colony, about 90 of them are adivasi people. Even though 40 patients are admitted in the hospital every day, only a few beds are available and therefore, most of the patients are compelled to lie on the floor of the hospital. Adding more agony, only one Gynecologist is available in the hospital for treatment of the patients. It is also submitted that a lot of snake bite cases are also being reported now-a-days, apart from other patients approaching the hospital due to the fatal injuries. It is also submitted that even though the Government has formulated various schemes for purchase of lands for adivasis, the scheme is not implemented so far in Attappady area. So also, in spite of the Government authorising IAS and IPS officers to study and report the problems faced by the adivasi people, no earnest efforts are taken by the Government for the welfare of the tribals. Recently, the Government appointed Ottapalam Sub Collector as a Special Officer to study and report the problems faced by the tribals. Other contentions are also raised in regard to the absence of life saving drugs in the Kottathara Hospital in order to protect the interest and cater the needs of the patients approaching with serious and severe conditions of various ailments. Eversince the filing of the writ petition, periodical orders were being passed by this Court so as to redress the grievances of the tribal people in the area.