Supreme Court holds hospital liable for handing over the dead body of a deceased patient to a wrong family

by admin | Aug 31, 2024 | Legal

Supreme Court holds hospital liable for handing over the dead body of a deceased patient to a wrong family

“ Family was at utter shock to know that they have been deprived of performing last rites and rituals of their father as per their customs and traditions .It was not just an issue of judgment error but a very serious thing for the family members who believe and have faith in observing every ritual of a dead family member with love care and respect.”

Dr Prem Lata, Legal Head

Case Title – M/s Ernakulam Medical Centre & Anr. v. Dr. PR Jayasree & Anr.

Case no. – Special Leave To Appeal (C) No. 3545/2020

Date of Judgment 06th August, 2024

Bench : Justice Hima Kohli and Justice Sandeep Mehta

Facts :

On December 30, 2009, Shri R Purushothaman was who is the father of Dr. PR Jayasree & Anr. was admitted to Ernakulam Medical Centre and died later the same night. His family requested that his body be kept in the hospital’s mortuary. Incidentally another patient, Mr AP Kanthy was also admitted to the same hospital on December 28, 2009, and passed away on December 31, 2009. His body was also placed in the hospital’s mortuary.

When Purushothaman’s family arrived at the hospital on January 1, 2010, to collect his body, they pointed out that the body in the mortuary was not of Purushothaman. It came to light that the hospital handed over Purushothaman’s body to Kanthy’s family, who had cremated it by then.

Family was at utter shock to know that they have been deprived of performing last rites and rituals of their father as per their customs and traditions .It was not just an issue of judgment error but a very serious thing for the family members who believe and have faith in observing every ritual of a dead family member with love care and respect.

Dr Jaishree, daughter of Shri R Purushothaman and other legal heirs filed a consumer complaint before the Kerala State Consumer Disputes Redressal Commission (SCDRC), seeking Rs. 1 crore in compensation for the hospital’s negligence. On October 5, 2016, the SCDRC ruled in the complainants’ favour, and ordered the hospital to pay Rs. 25 lakhs in compensation with 12 percent interest per annum from the date of the complaint to the state commission.

The hospital filed an appeal before the National Consumer Disputes Redressal Commission (NCDRC).

On July 4, 2019, the NCDRC reduced the compensation to Rs. 5 lakhs and directed the hospital to deposit Rs. 25 lakhs into the Consumer Legal Aid Account of the State Commission.

The complainants as well as the hospital filed appeals against this decision before the Supreme Court

The Supreme Court held that the NCDRC had no justification for interfering with the SCDRC’s order

“We are of the opinion that there was no justification for passing such an order. The SCDRC had applied its mind on entire conspectus of facts and the evidence produced by the parties and thereafter arrived at a conclusion that ₹ a sum of 25,00,000/- (Rupees Twenty Five Lakhs only) would be adequate compensation for the complainants”, the Court stated.

The Court set aside the NCDRC’s order and reinstated the SCDRC order awarding Rs. 25 lakhs to the complainants. However, it reduced the interest rate on the compensation from 12 percent to 7.5 percent per annum.

Tobacco: A Menace to the Health of Adolescents and Children

by admin | Aug 31, 2024 | Tobacco

Tobacco: A Menace to the Health of Adolescents and Children

Sonu, a 9-year-old boy, returns home from school to have lunch and then heads to his father’s general store. While at the shop, he regularly observes his father selling tobacco products. One day, a teenage student from his school visits the shop to purchase cigarettes, and to Sonu’s dismay, his father sells them to the teenager. Sonu, feeling upset, confronts his father, questioning why he would sell such harmful products to students when he often warns his own children about the dangers of tobacco. Sonu’s words deeply affected his father, prompting him to refuse the sale of cigarettes to the teenager and instead talking to him about the harmful effects of tobacco and other addictive substances.

Today, Sonu’s father has realized this truth. However, the question remains: how many shopkeepers and parents across our country are aware of the devastating effects of tobacco addiction? Do they understand that it is a perilous path leading to fatal diseases?

In our country, numerous teenagers and young adults are falling prey to this addiction. Smoking cigarettes and beedis has become a commonplace trend, especially in schools and colleges in metropolitan cities, often as a means to showcase status. According to the Global Youth Tobacco Survey 2019 report, one in every five children in India is now consuming tobacco. Shockingly, even children below the age of 10 are indulging in these harmful substances.

Health Harms of Tobacco consumption:

It’s a given fact that tobacco is harmful for all and if one gets addicted from an early age the severity of the complications increases further.

Most cases of head, neck, oesophagus and lung cancers are due to consumption of tobacco or tobacco related products. According to World Health Organisation, Around one-third of deaths from cancer are due to tobacco use. Besides affecting the lungs, use of tobacco or tobacco related products can also cause cancer of bladder and kidneys.

Tobacco consumption not only causes cancer but it is also a major risk factor for Cardiovascular Diseases (CVD), Chronic Lung Diseases, Stroke, Diabetes, Infertility, Blindness and Tuberculosis (TB). Possibilities of lung cancer in male smokers is 23 times more than non-smokers and in females it is 13 times more. As per data of GYTS-4 (Global Youth Tobacco Survey), 8.5% students of age 13-15 years use tobacco in one or other form in India while 18.1% students of this age have tried tobacco products. Almost 70% of students who smoke cigarettes bought it from pan shop/vendors which is a matter of concern. Children must be protected from industry tactics as they are future of our nation.

Laws and Regulations

When discussing legislation, the Cigarettes and Other Tobacco Products Act (COTPA) was introduced in 2003 as the primary law concerning tobacco control. Surprisingly, there have been no amendments made to this law in the past two decades. Despite government enforcement, there is still a need for additional provisions to regulate the sale of tobacco to minors. One proposed measure is to raise the minimum age for selling such products from 18 to 21 years.

Necessity of Strengthening Existing Laws

In light of the well-being of children and adolescents, it is imperative to reinforce existing laws. Take, for instance, the long-overdue Motor Vehicles Act on road safety, which has recently been amended to incorporate provisions aligned with current needs for safer roads. This amendment has proven effective in curbing road accidents. Similarly, there is a pressing need to rejuvenate tobacco control policies by bolstering existing laws. By implementing stringent tobacco control measures, including selling of tobacco products to minors and advertising restrictions, India can mitigate the impact of tobacco.

By Ekta Purohit

Green Action Week (GAW 2024)

by admin | Aug 17, 2024 | Green Action Week

Green Action Week (GAW 2024)

OVERVIEW

Green Action Week (GAW) is a global campaign to promote sustainable consumption. It is an initiative by the Swedish Society for Nature Conservation (SSNC) and is carried out in coordination with Consumers International (CI). This year (2024) Green Action Week will be celebrated from 30th September – 6th October. The theme of GAW 2024 is ‘Empowering the Sharing Community: Promoting Circular Economy Practices’ with focus on reducing waste using circular economy practices.

The Problem

According to a study published in the Journal of Urban Management (December 2021), the 62 million tons (MT) of waste generated annually in India includes 7.9 MT of hazardous waste, 5.6 MT of plastic waste, 1.5 MT of e-waste, and 0.17 MT of biomedical waste. Moreover, the Indian Central Pollution Control Board (CPCB) has projected that annual waste generation in India will increase to 165 MT by 2030.

Until now, most municipal solid waste (MSW) is disposed at landfills or unmanaged dumpsites, which not only causes greenhouse gas emissions and other environmental, social and economic problems, but also disturbs operations of existing composting facilities. The hurdles include an absence of waste segregation-at-source, deficient management capacities, a lack of data regarding waste composition as well as insufficient financing and enforcement of existing regulations and policies.

Objectives

1. Consumer Empowerment: Understanding the lifecycle of the products—from manufacture to disposal—makes them appreciate the value of eco-friendly alternatives. Empowered consumers would be more willing to purchase from sustainable brands leading to the increase in demand and therefore the market will have to offer greener products and services. Not only will the efforts in education and clear labeling help distinguish truly sustainable products from those greenwashing, but also consumers will be empowered with the true difference of their informed choices.

2. Encourage Community Involvement: Community programs to be encouraged through the sharing community workshops, which educate and make residents involved in sustainable practices such as composting, upcycling, to build in a collective effort toward a circular economy.

3. Environmental Protection: Reusing and recycling products will help protect natural resources and limit biodiversity loss. A circular economy strives to utilize waste and resources as efficiently as possible, putting minimal pressure on the natural ecosystems and therefore mitigating climate change.

4. Conservation of Resources: The practices in the circular economy focus on reusing, recycling, and reusing materials to conserve the precious natural resources. The environmental benefits from the efficient use of materials and reduced energy consumption related to production, and resources are guaranteed to be available for future generations.

What is Municipal Solid Waste (MSW)

Commonly known as trash or garbage that is discarded by households and collected by the municipality is known as Municipal Solid Waste (MSW). It consists of everyday items such as product packaging, grass clippings, furniture, clothing, bottles, food scraps, newspapers, appliances, paint, and batteries. This comes from our homes, schools, hospitals, and businesses. This also emphasises the importance of sustainable materials management which includes the use and reuse of materials in the most productive and sustainable ways across their entire life cycle.

Challenges

Currently, In India around 377 million urban dwellers generate an estimated 55 million tonnes of municipal solid waste per year. India is among the largest producers of polymers and among the largest generators of un-managed plastic waste leaching into terrestrial and marine ecosystems. 

Based on projections, this number will rise drastically to 125 million tonnes annually by 2031. This trend highlights the urgent requirement for developing a solution that addresses the root causes of waste generation.

From the consumer perspective, the challenge is the lack of a circular economy practices. The prevalent linear consumption and disposable pattern depletes resources, degrades the environment, and generates waste. Products manufactured are used and then thrown away, continuing the cycle of waste and harm towards the environment. Common challenges consumers face includes limited product portfolios for sustainable consumption, high costs of sustainable alternatives, information shortage regarding the purchase impact and awareness on sustainable environmental practices.

Currently, only 8 per cent of plastic in India gets recycled, 29 per cent is mismanaged, and the rest is incinerated or dumped. But India also has an economy and culture that repairs, re-uses and recycles its resources.

Residual waste in India

Crude dumping of waste occupies ~1250 hectares of precious land in India each year.

There are 2120 existing dumpsites (CPCB annual report 2016-17)

Landfills were originally located outside of the cities, but as cities expanded, dumpsites are now almost inside the cities.

Delhi’s open dumps at Ghazipur (69 metres high), Okhla (55 metres high) and Bhalswa (56 metres high), have resulted in garbage dumps of 13 MMT, 7 MMT and 6 MMT respectively.

Estimated that more than 10,000 hectares of urban land is locked in these dumpsites in India.

(Source: Ministry of Statistics and Program Implementation)

STRATEGY

Workshop with consumers along with experts & environmentalists

This workshop aims to:

1.Provide tools and tips on how to shop more sustainably, such as choosing products with less packaging, how to do waste management etc.

2.Offer resources for identifying eco-friendly brands and certifications.

3.Encourage the idea of reusing and sharing within the community.

4. Educate consumers on how to reduce energy consumption at home through simple actions like using energy-efficient appliances, unplugging devices, and optimizing heating and cooling

Workshop with Women & young girls

This workshop aims at:

1. Composting and creating a zero-waste kitchen (showcasing how to use food scraps creatively to make new dishes ,reduce food waste.

2. Demonstrating how to make eco-friendly cleaning products using common household items like vinegar, baking soda, and essential oils.

3. Providing guidance for basic repairs and fostering a repair culture through sharing community efforts.

Workshop with Children & Youth

This workshop aims to

1. Teach children how to plant and care for a small garden using recycled containers.

2. Conduct experiments that teach children about biodegradation, composting, and the impact of waste on the environment. Include hands-on activities like creating mini compost bins.

3. Use recycled materials like paper, plastic bottles, and cardboard to create art projects.

EXPECTED OUTCOMES:

1.Educated and empowered consumers will make the right sustainable choice.

2.Collaborative efforts within the sharing community will be strengthened.

3.Economic gains will be realized through reduced waste and adoption of sustainable practices.

4.A positive environmental impact will be observed, particularly in waste management and the adoption of renewable sources.

5.Long-term sustainability will be promoted as a key outcome.

Workshops

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Articles

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Stay Safe on Wet and Windy Roads: Key Driving Tips

by admin | Aug 5, 2024 | Global Road Safety Initiative

Stay Safe on Wet and Windy Roads: Key Driving Tips

Hey, driving when it’s all wet and blustery can be a real pain in the neck, right? It messes with how well you can see, makes the roads slick, and can make your car act a bit funky. So, let’s talk about some handy tips to keep you safe during those not-so-fun seasons:

Before driving, inspect your vehicle’s condition. Ensure your tires are properly inflated with sufficient tread depth to handle wet roads. Verify that your brakes are in good working order, replace worn-out windshield wipers, and check that all lights—headlights, taillights, brake lights, and turn signals—are functioning correctly.

Take It Easy and Keep Your Distance: When it’s raining cats and dogs, slow down and keep a buffer between you and the car in front. This gives you more time to react to any surprises the road throws at you.

Use Headlights Smartly: Flick on your headlights even when it’s daytime rain. It helps other drivers see you better. But remember, high beams can be blinding, so keep them low.

Slow Down and Maintain Distance: Reduce your speed to increase reaction time and maintain a safe distance from the vehicle ahead, as stopping distances are longer in wet conditions.

Know What to Do if You Start to Hydroplane: If your car starts floating on water like a boat (scary, I know), just ease off the gas, don’t slam the brakes, and gently steer where you want to go.

Watch for Puddles and Flooding: Avoid driving through deep puddles or flooded areas to prevent vehicle damage and hidden hazards.

Hold On Tight in High Winds: Make like you’re wrestling a bear and grip that steering wheel. Pay extra attention when passing big rigs or crossing bridges, ’cause the wind can really push you around.

Keep Your Papers in Order: Ensure your vehicle registration and documents are current to facilitate assistance or reporting in emergencies.

Carry Emergency Supplies: Keep a little kit in your car with a flashlight, some band-aids, reflective triangle thingies, a blanket, snacks that don’t go bad, and a phone charger. Just in case you get stuck or stranded.

And lastly, plan your route. Check the weather and traffic before you go gallivanting around. It’ll help you dodge the nasty bits and pick the safest way to get where you need to be.

Conclusion

Driving during the rainy and windy seasons requires extra caution and preparation. By following these safety tips, you can significantly reduce the risks associated with adverse weather conditions. Stay safe and drive responsibly!

A Dumping Reality Check – Domestic Hazardous Waste in India

by admin | Aug 4, 2024 | Consumer Issues

A Dumping Reality Check – Domestic Hazardous Waste in India

Did you know that simply tossing out items like nail polish, glue, dyes, or expired medicines with your regular household waste can actually be harmful? Domestic Hazardous Waste (DHW) might be generated in smaller quantities compared to regular waste, but its potential risks to the environment and human health are significant. According to a study published in the Journal of Urban Management (December 2021), the 62 million tons (MT) of waste generated annually in India includes 7.9 MT of hazardous waste, 5.6 MT of plastic waste, 1.5 MT of e-waste, and 0.17 MT of biomedical waste. Moreover, the Indian Central Pollution Control Board (CPCB) has projected that annual waste generation in India will increase to 165 MT by 2030.

Due to rapid urbanization and a lack of awareness about the harmful effects, India is one of the top countries in generating municipal waste. A report by The Energy and Resources Institute (TERI) revealed that India generates over 62 MT of waste per year. Unfortunately, only 43 MT of the total waste generated is collected, with 12 MT being treated before disposal, and the remaining 31 MT simply discarded in wasteyards. However, most of the waste generated not only remains untreated but inadequate waste collection and disposal have become major causes for environmental and public health concerns in the country.

A study conducted by Toxics Link across various cities in India found a severe lack of health and environmental consciousness among households and waste workers. Shockingly, more than 65% of households admitted to mixing almost every category of Household Biomedical Waste (HBMW) with regular household waste, while others resorted to draining expired or leftover syrups before discarding the bottles or even burning leftover/expired medicines, pregnancy and sugar testing strips, and disposable PPE. This improper disposal of hazardous waste has led to its traces being found in most landfills, contributing to a significant level of toxic heavy metals and persistent organic contaminants like pesticides in these sites.

This demonstrates the urgent need for heightened awareness and effective waste management systems to address the growing issue of domestic hazardous waste and its impact on the environment and public health.

The issue of domestic hazardous waste (DHW) poses significant challenges on several fronts.

Environmental Concerns

Improper disposal of prescription drugs, antidepressants, and muscle relaxants in water bodies has resulted in decreased fish populations, as noted by the United States Geological Survey. Additionally, untreated medicines and residues that remain even after waste treatment can harm food crops. Expired medicines also contribute to landfill contamination, while mercury from discarded bulbs and thermometers adds to environmental and health hazards.

Health Impact

The impact of DHW on human and animal health is profound. Exposure to domestic hazardous waste can lead to serious health issues such as cancer, organ damage, lung scarring, skin and eye irritation, stomach discomfort, and toxic effects on the nervous and digestive systems. According to the Toxics Link report, hazardous substances present in DHW can also cause severe health effects including behavioral abnormalities, genetic mutations, and physiological malfunctions.

Occupational risks

The mishandling of household hazardous waste presents occupational hazards, including injuries, exposure to toxins, and burns. Studies indicate that many waste handlers do not utilize proper Personal Protective Equipment (PPE), significantly increasing the risk of injury.

Suggestions for Handling Domestic Hazardous Waste in India

The Indian government has made significant strides in addressing the issue of domestic hazardous waste through legislative measures like the Municipal Solid Waste Rules, 2016.

It is imperative for urban local bodies and municipalities to implement by-laws that specifically enforce source segregation and proper management of domestic hazardous waste.

Regular visual inspections of waste piles can aid in identifying non-compliance and issuing notices for violations, and repeated violations should result in ‘no waste pickup’.

Capacity-building programs for local officials and waste workers can facilitate smoother day-to-day operations.

Designating separate collection days for different categories of domestic hazardous waste, with prior notification, can enhance source segregation.

Waste collection agencies should be empowered to refuse waste pickup in the event of waste mixing, following adequate notice.

(Inputs from Toxics Link report – Domestic Hazardous Waste – An Emerging Concern in India)

« Older Entries

Next Entries »