Indian Council of Legal Aid and Advice versus Union of India (2000) 10 SCC 542 SLP (C) No. 20821 of 1997

Date of judgement:

Tuesday, September 8, 1998

Case Number:

SLP (C) No. 20821 of 1997

Judge's Name:

A.S. Anand and V.N. Khare, JJ.

Eyeway Synopsis:

A case (Public Interest Litigation) was filled so as to make duty bearers at state or local level work towards providing proper medical facilities to visually impaired people in the country by setting up regular check up camps for them. The Union had of India formulated a scheme for periodical check-ups and treatment of visually impaired persons admitted to blind schools run by Delhi Administration or voluntary organisations for education/ rehabilitation of visually impaired persons. Supreme Court opined that the said scheme deserved to be adopted by all States and the Union Territories so that assistance in the shape of medical check-up and treatment was available to visually-impaired people. It would also ensure that none of visually-impaired person’s are denied corrective surgery. The Supreme Court thus issued notices to the health secretaries of all the states and union territories to show-cause why the scheme should not be implemented.

Judgment Body :

Indian Council Of Legal Aid & ... vs Union Of India (Uoi) And Ors. on 8 September, 1998

Equivalent citations: (2000) 10 SCC 542

Bench: A Anand, V Khare

ORDER

1. The issue involved in this special leave petition is of great public importance. It concerns medical check-up and treatment of the visually-handicapped. There is no gain saying that health is an important facet of the right to life guaranteed under Article 21 of the Constitution of India and it is an obligation of the State to ensure good health to the citizens. When considered in the light of Article 41 of the directive principles, which casts a duty on the State to make effective provisions for securing inter alia the rights of the disabled and those suffering from other infirmities within the limits of its economic capacity and development, it becomes imperative that all steps should be taken for helping the visually-handicapped to regain their eyesight to the extent possible. While the writ petition filed by the petitioner on the basis of certain news items which appeared in certain newspapers was pending in the High Court, a counter-affidavit was filed by the Union of India along with which a scheme called

"Scheme for periodical check-up and treatment of visually-handicapped persons admitted to blind schools run by Delhi administration or voluntary organisations for education/ rehabilitation of visually-handicapped persons"

was also filed. This Scheme, to an extent attempts to meet the situation arising out of various problems connected with the medical check-up and treatment of blind persons. This Scheme, whether as it is or in a modified form, deserves to be adopted by all the States and the Union Territories in the whole country so that assistance in the shape of medical check-up and treatment is available to the visually-handicapped and none of the visually-handicapped is denied corrective surgery.

2. We, therefore, consider it desirable to issue notice to the Health Secretaries of all the States and Union Territories to show cause why the Scheme (attached as Annexure P-4 at p. 48 of the paper-book) either as it is or in any modified form be not implemented in all the States/Union Territories.

3. We are informed by Mr Trivedi, the learned Additional Solicitor General, that on 29-7-1998 a copy of the Scheme has already been forwarded to all the States and the Union Territories for their response. In their response to the notice hereby issued, the Health Secretaries shall indicate action, if any, taken on the communication sent to them by the Union Government on 29-7-1998.

Original Judgment: