SUPREME COURT OF INDIA

Before:- AS. Anand and V.N. Khare, JJ.

SLP(C) No. 20821 of 1997. D/d. 8.9.1998.

Indian Council Of Legal Aid & Advice - Petitioner

Versus

Union Of India (Uoi) And Ors. - Respondents

Constitution of India, 1950, Article 21 - Handicapped persons - Scheme proposed by Union of India for periodical check-up and treatment of visually handicapped persons - Held - Such scheme, whether as it is or in a modified form, deserves to be adopted by all the States and Union Territories in the whole country so that assistance in the shape of medical check-up and treatment is available to visually-handicapped and none of them is denied corrective surgery - Notice issued to all States and Union Territories to show cause why the scheme either as it is or in any modified form be not implemented in all the State/Union Territories.

[Paras 1 and 2]

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.

.