NEW DELH, Sept 18:
The Supreme Court today voiced concern over the deficiency in supply of essential commodities and services in the flood-affected areas of Jammu and Kashmir, saying it was “impinging upon the human rights and fundamental rights of the people” and sought urgent steps to prevent outbreak of epidemic.
“Our major concern is adequate supply of food, drinking water, medicines, availability of doctors, para-medical staffs and blanket. Lack of supply of these items impinge upon the human rights and are in violation of Article 21 of the Constitution of India,” a bench headed by Chief Justice R M Lodha said.
The apex court also expressed its concern over the “inadequate sanitation and hygiene facility” in the flood affected areas which is “an invitation to epidemic and deserves to be tackled urgently”.
The bench, also comprising Justices Kurian Joseph and R F Nariman, said that natural disaster like this has drawn the apex court’s attention as a large section of people have been affected and their fundamental rights under Article 21 to live with dignity have been “jeopardised” due to lack of adequate supplies and services.
“This is a matter where right of large number of people is involved and we are engaging ourselves because Right to Life, Right to food, Right to medicine, Right to shelter and Right to live with dignity of people have been prejudiced.
“We are concerned as these are the matters of Human Rights under Article 21 which are affected. This matter pertains to protection of fundamental Right under Article 21 of the Constitution about the right to life, right to food, clothing and shelter which requires protection,” the bench observed.
The bench, which posted the matter for hearing on September 24 asked the J&K Government to place before it the steps taken upto September 23 and took on record Attorney General Mukul Rohatgi’s statement that “Union Health Secretary shall discuss with his counterparts in States for making available doctors, para-medical staff, medicines in the State at the earliest.”
The court, which was hearing the petitions filed by Jammu and Kashmir National Panthers Party chief Bhim Singh, senior advocate Colin Gonsalves and advocate Vasundhra Pathak Masoodi, also recorded the statement of State Government’s senior counsel Gaurav Pachnanda that “immediate steps shall be taken for making waste management functional and necessary steps undertaken for sanitation and hygiene”.
It also asked the State Government to examine the suggestion for providing pre-fabricated structures immediately as accommodation to the victims rendered homeless to cope with the problems in winter.
Brushing aside any apprehension of State Government, the bench said, “We are not on number game or blame game. We want that all hands and heads should come come together to help the people affected by the natural disaster and other States should also come forward.”
“It is a natural disaster and in this natural disaster we have to mitigate the disaster,” the bench said, adding that “We do not blame any of you but what is our concern is that the right of large number of people which has been jeopardised has to be taken care of.”
The apex court noted that out of the Kashmir Valley’s 6.9 million population as per the 2011 census, 4.5 million people are “badly affected” in the aftermath of floods which saw destruction of thousands of houses and for mitigating the impact of the natural disaster it has intervened in the matter.
The bench said sharp comments on the State Government’s work done by petitioners like senior advocate Colin Gonsalves are “hyper sensitive” but “the idea behind is to shake you so that you don’t go into deep slumber”.
“You are executive and you are doing your best and you have to mobilise all resources for essential supplies of food, drinking wateer, sanitation, shelter and medical help,” the bench said.
“Our anxiety is about hygiene, sanitation which has not got priority, You have not said anything in your affidavit about sanitation and hygiene or disposal of waste,” the bench said while referring to the affidavit filed by the State Government.
In its order, the bench noted that senior advocate Colin Gonsalves has given the factual position of six districts — Pulwama, Kulgam, Anantnag, Budgam, Baramulla and Srinagar — after floods.
The bench was told that in all these six districts, either there was no supply of medicines or there was acute shortage of medical supplies and doctors.
“In many places, doctors or team of para medicos are not available at all. There is shortage of food in most of the districts and so also the drinking water. With regard to fuel, the situation is also not encouraging as it is stated that at many places, there is no fuel available for supply to the private vehicle owners and at some places, one or two filling stations are only functional. Waste management is reported to be dysfunctional in most of the districts,” the bench noted.
The bench also took on record the affidavit of J&K Government, filed through its Additional Resident Commissioner, highlighting the steps taken for relief.
“The steps undertaken by the State for relief and rehabilitation in the aftermath of the floods in the State have been highlighted, particularly (a)grant of ex-gratia payment, (b) requirement of additional boats, (c) availability of food, LPG and fuel supplies, (d) setting-up of relief camps, (e) setting-up of health camps, (f) banking facilities in the affected areas, (g) disposal of animal carcases and (h) make shift place for High Court,” the bench noted. (PTI)
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