seems inappropriate for this list, but there is an uncanny resemblance
between the goings-on in indore five years ago and the current goings-on in
delhi on health and education.

From: "Ashok" <[email protected]>
To: "Gurcharan Das" <[email protected]>, "GOOGLE"
<[email protected]>, "Glenn Fawcett Locus Outreach"
<[email protected]>, "Gita Diwan Verma TownPlanner"
<[email protected]>, "Ghanshyam JUDAV" <[email protected]>
Subject: SJ sought judicial enquiry in MDR TB patients case Date: Thu, 24
Feb 2005 13:43:37 +0530

SOCIAL JURIST

           A Civil Rights Group

478-479, Lawyers' Chambers,

Western Wing, Tis Hazari Courts, Delhi-110054.

Phone: 23910014

Fax:        23986541

E-mail: [email protected]

Website: http://www.socialjurist.com

 

24.02.2005

To

 

The Hon'ble Lieutenant Governor of Delhi,

Raj Niwas Marg,

Delhi-110054.

 

Subject;        Demand for judicial enquiry in the matter of deaths of
indoor MDR TB patients in the past one year due to denial of essential
medicines and also in the matter of denial of essential medicines to more
than 50 Indoor MDR TB patients in Rajan Babu T.B. Hospital, Kingways Camp,
Delhi.

 

Respected Sir,

 

          We are a Civil Rights Group consisting of Lawyers and Social
Activists dedicated to the cause of down-trodden, socially oppressed and
economically exploited sections of society.  We are very much concerned
about the right to health of the poor people of this city.

 

            We would like to bring to your kind notice that yesterday, on
23.02.2005, Sh. Ashok Agarwal Advocate and Advisor Social Jurist visited
R.B.T.B. hospital, Kingways Camp, Delhi and found that more than 50 indoor
MDR T.B. patients both in male ward and female ward are not being given
essential medicines, namely, kanamycin injection, Ofloxcin Tablet,
Ethionamide Tablet, Pyarazinimide (PZA) etc.  for the last 10 to 12 months
continuously. The names of some of such patients are (1) Bala w/o Sh.
Naresh, (2) Hukmi Devi, (3) Saroj, (4) Jyoti, (5) Hemlata, (6) Meenakashi,
(7) Poonam, (8) Rajrani, (9) Neelam, (10) Kastri etc. It may be stated that
this hospital under MCD is the Asia's biggest T.B. Hospital having 1200
beds.

 

During his visit to the hospital he interacted with indoor MDR TB patients,
their relatives, nursing staff and doctors including Medical Superintendent
of the Hospital.  He was told that during the past one year, due to
non-availability of the essential medicines for indoor MDR TB patients,
hundreds of MDR TB patients left the hospital without completing their
treatment and hundreds of patients have died.  He was told by the Medical
Superintendent Dr. R.C. Panda that he has not brought these facts to the
notice of the higher authorities because according to him, the higher
authorities very well knew about all these things.  Such statement by such
a responsible officer was a surprise to Sh. Agarwal and it also reflected
callousness on the part of  the municipal authorities. Sh. Agarwal also
noticed that the toilet blocks in the hospital were in very bad shape.

 

          That today, the Indian Express has also reported the above
happening.  A copy of the said press-report is enclosed hereto for kind
perusal.

 

          That we have sent a legal notice to the Municipal Commissioner
Sh. Rakesh Mehta on 23.02.2005 bringing to his notice that he has committed
contempt of Hon'ble Delhi High Court as denial of essential medicines to
the indoor MDR TB patients in the Hospital was in violation of the orders
dated 22.04.1998 of the Hon'ble Delhi High Court passed in PIL (C.W.No.
1404  of 1997 entitled All India Lawyers Union v. Union of India etc.) and
also in violation of the undertaking given by Municipal and Govt.
authorities before the Hon'ble Delhi High Court in the said PIL.

 

           Copies of the said legal notice dated 23.02.2005 and of Delhi
High Court order dated 22.04.1998 are enclosed hereto to for your ready
reference.

 

          That the aforesaid act on the part of the municipal authorities
is a serious criminal negligence in violation of fundamental right of the
people to health under Article 21 of the Constitution of India.  This is a
very serious matter of great public importance and we therefore, earnestly
expect from you to look into this matter and order a judicial enquiry to
ascertain the following:

 

(a) Whether there was non-availability of essential medicines for indoor
MDR TB patients during the last one year, if so, who is/are responsible for
the same?

 

(b) How many Indoor MDR TB patients were admitted in the hospital during
the last one year?

 

(c) How many indoor MDR TB patients have died during the last one year and
what were the causes thereof?

 

(d) How many indoor MDR TB patients have left hospital without completing
their treatment and what were the causes thereof?

 

(e) Whether the indoor MDR TB patients who are denied essential medicines
are entitled to compensation from municipal authorities, if so, what should
be the quantum thereof?

 

(f) Whether the next kin of the indoor MDR TB patients who have died due to
culpable negligence on the part of municipal authorities during the past
one year are entitled to compensation, if so, what should be the quantum
thereof?

 

(g) What could be the mechanism to have continuous monitoring to ensure
good treatment to the TB patients in the hospital?

 

          It is also requested that judicial enquiry can also make other
suggestions on the improvements in the hospital.

 

          We hope that immediate action may be taken to order judicial
enquiry in the present matter.

 

          With warm regards.

Yours sincerely,

 

(ASHOK AGARWAL)

              ADVOCATE

ADVISOR, SOCIAL JURIST

M- 9811101923

 

 

 


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