ABANI BHUSAN JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition was registered on the basis of a letter received from the President, General Secretary of the Students' Union and some students of S. C. B. Medical College and Hospital, Cuttack (in short, 'the College'), and House Surgeons of the College. Grievances have been made about the unhealthy condition prevailing in the College Campus (hereinafter referred to as 'the Campus'). The grievances can be pigeonhold into the following categories : (i) Mushroom growth of unauthorised constructions and encroachments inside the campus : (ii) Free access to the different wards of Hospital by anti -socials; and (iii) Criminal activities inside the campus.

(2.) BEFORE we take up the grievances highlighted, a few basic facts need to be noticed. Life as embodied in Article 21 of the Constitution does not mean a mere animal existence. It has to mean a life befitting human dignity. Health of any person is an integral facet of his right to life. Article 25(2) of the Universal Declaration of Human Rights, 1948 assures that everyone has the right to a standard of living adequate for the health and well -being of himself and of his family... including medical care, measure for sickness and disability. Article 39(c) of the Constitution enjoins upon the State to direct its policies to secure the health and strength of workers. The term 'health' implies more than an absence of sickness. A healthy body is the very foundation for all human activities. That is why the adage 'SARIRA -MADYAM KHALU DHARMA SADHANAM'. In a welfare State, therefore, it is the obligation of the State to ensure the creation and the sustaining of conditions congenial to good health. Several obligations of the State can be culled out from the provisions of Part IV of the Constitution. The State is required to effectuate them in order that the resultant pictured by the Constitution Fathers may become a reality. Maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society which the Constitution makers envisaged. Attending to public health, therefore, is of high pripority - -perhaps the one at the top. These aspects have been eloquently dealt with by the apex Court in Vincent v. Union of India : AIR 1987 SC 990. In order to lead a meaningful life every person should be physically fit and mentally alert. The Hospitals have a big role to play for keeping a person in such conditions. Dealing with the question of right to health, and medical care of a workman, the apex Court observed that it is a fundamental right. (See Consumer Education and Research Centra and Ors. v. Union of India and Ors. : 1995 SCC (L and S) 604). Right to health of 8 worker is an integral facet of meaningful right to life and have not only a meaningful existence but also robust health and vigour without which the worker would lead a life of misery; Lack of health denudes his livelihood. Medical facilities to protect the health of the workers are fundamental rights to workmen. Security against sickness and disablement is a fundamental right under Article 25 of the Universal Declaration of Human Rights and Article 7(b) of the International Convention of Economic, Social and Cultural Rights and under Articles 39(e), 38 and 21 of the Constitution. (See LIC of India and Anr. v. Consumer Education and Research Centre and Ors. : (1995) 5 SCC 482) We have highlighted these aspects to show the importance of hospitals in the society and the purpose of their existence.

(3.) SO far as the criminal activities inside the campus are concerned, it is unfortunate that instead of the smell of spirit of service in the hospital, it is alleged that what one gets to smell is spirit of liquor, and narcotic drugs. This position has been clearly accepted in the counter affidavits. Spirit of service should pervade the atmosphere in a hospital. From the counter affidavit filed by the Superintendent of Police it appears that large number of cases involve Doctors and students for their criminal activities in the campus. Without going into the intricate question as to who are really involved, it needs no elaboration that every such case has to be dealt with iron hands. Nobody should think that the hands of law are paralysed, and anyone is above law. Whatever be the social status of an offender, be he a student of the medical college, a doctor, if he has committed any act which is unauthorised in law, he has to be properly dealt with in accordance with law. A long list has been submitted which shows that the doctors and medical students have been implicated as accused Without going into the details of those cases, it would suffice to indicate that early disposal of the cases would be appropriate. Necessary steps should be taken by the concerned department to see that the cases are disposed of early, and if there is any substance in the accusations, the guilty persons are punished. From the counter affidavit filed by the Superintendent of Police, it appears that a medical Out -Post which is headed by an Assistant Sub -Inspector of Police and a few Constables has been sanctioned, and a detailed scheme has been prepared and submitted to Government for implementation. Necessary steps in that regard be taken by the concerned Departments within three months from today, with a view to ensure maintenance of law and order situation within the campus and to take effective steps against the persons committing illegal activities within the campus.