THE MENACE OF HAZARDOUS WASTE.

Comments by Mr. Praveen Dalal, Consultant and Advocate

His website is http://www.blogger.com/profile/8339811

THE MENACE OF HAZARDOUS WASTE.

The menace created by a ‘hazardous waste” can be redressed under the following:

(1) Criminal law-IPC, 1860, etc
(2) Environment law- Environment Act, Air Act, etc, and
(c) Constitution of India- Article 21, 32 and 226.

A combined effect of all these laws ensures a “right to clean environment” that is free from diseases. The Supreme Court of India has on numerous occasion accepted a Public Interest Litigation (PIL) respecting the “right to clean environment” as a Fundamental Right U/A 21 of the Constitution of India. Article 21 ensures a right to “life or personal liberty” to all persons and a threat or nuisance created by hazardous waste falls in that category.

The Constitution of India is not intended to be the arena of legal quibbling for men with long purses. It is made for the common people. It should generally be so construed as that they can understand and appreciate it. The more they understand it the more they love it and the more they prize it. It is really the poor, starved and mindless millions who need the court’s protection for securing to themselves the enjoyment of Human Rights. The Constitution precedents cannot be permitted to be transformed into weapons for defeating the hopes and aspirations of our teaming millions, half-clad, half-starved, half-educated. These hopes and aspirations representing the will of the people can only become articulate through the voice of their elected representatives. If they fail the people, the nation must face the death and destruction. Then, neither the court nor the Constitution will save the country. This line of thinking has been now recognised and adopted by various social reformers, lawyers, judges and social workers. Even, general public now knows that the court has constitutional power of intervention, which can be invoked to ameliorate their miseries arising from repression, governmental lawlessness and administrative deviance. The socio-justice tool through which these aspirations of the Constitution and people of India are achieved is known as “Public Interest Litigation” (PIL). Thus, a PIL, as allowed by the Hon’ble Apex Court, may provide a solution to the present problem.

For the modes and modalities of PIL, kindly see http://praveen-dalal.blogspot.com/2005/04/sociology-of-pil-in-india.html.
Regards,

Praveen Dalal
Consultant and Advocate
Delhi High Court
Tele: 09899169611.
Mail: pd37@rediffmail.com
perry4law@yahoo.com
4:22 PM

____________________________________________________________________________

Thank you Mr. Praveen Dalal for your most important inputs

Thanks and regards

HEALTH HAZARD CREATED BY THE BREACH CANDY SWIMMING POOL TO THE PATIENTS AND VISITORS TO THE BREACH CANDY HOSPITAL. AN PUBLIC INTEREST LITIGATION ADDRESSED TO THE HONOURABLE CHIEF JUSTICE OF THE SUPREME COURT OF INDIA.


A visit to the breach candy area in the evening is virtually a nightmare for the common person and a delight for the rich and wealthy.

Well, I guess that the whole hierarchy of this country is based on fame and wealth and the common person is just used as a “carrot” by the ever-greedy politicians and by default the administration as they follow directions given by the politicians, to be on their “wealthy” side.

A cursory glimpse at the city is more than proof of this fact and no further evidence needs to be elaborated.

It is high time that the common person needs to wake up and look after the well-being, not only of themselves /family and friends but also to the society as a whole. We are all in a “dark hole” and floating aimlessly into wilderness and imminent doom, and we need to get back to earth to face and counter the atrocities inflicted.

You will be surprised to note that one single living person has much more power than any political persons / party or administrators of this country, all compounded together, and are ably and morally backed by the constitution of this country, which in turn is abided and implemented by the Supreme Court of India and its offices.

But, we need to exercise, use, and harness this power in a constructive manner for the betterment of the society we live in. This is missing and we continue to live, in a continuously ever - degraded society, which we have in the course of time, started to enjoy, the “sadism” inflicted injuries upon us, as we continue to meander towards nowhere.

May I ask all the protectors and enforcers of society based disciplinarians, as to why they cannot be termed as the real terrorists? In fact, this is the worst and the most cancerous form of terrorism to which the human kind is subjected! Yes, the common person is terrorized in the most official manner and he can do anything because the governments have the mandate from the United Nations for doing so!

For the information of all terrorism has many definitions and interpretations, but the broad definition of terrorism is “ "Terrorism," thus is a term that attempts to define, as a separate phenomenon, a philosophy of coordinated violence which tends to have a high degree of social impact on the target society. Terrorist violence may be perpetrated by rebels in opposition to an established social order or it may be inflicted by a state upon its own citizens or those of another state”

Saying this I come back to the “terrorism” inflicted to the patients, Doctors, workers, and visitors to the Breach candy Hospital by the members, administrators of the Breach candy swimming Pool and the civic administration authorities of the City of greater Mumbai.

The filth and trash generated by the Breach Candy swimming Pool, is mainly used by foreigners staying in India including consular missions and is stored exactly near the boundary wall dividing the Hospital and the club. Unfortunately, for the hospital this area is closest to the main entrance of the hospital through which patients, doctors, and visitors are seen streaming through, on a, minute basis/intervals.

The trash collection vehicle sent by the Municipal corporation of Greater Mumbai, comes to collect the generated filth from the club between the timings of 1600 hrs till 1800 hrs and this is the time where human and vehicular traffic to the hospital is at its highest, and the stench of active bacteria that is generated, is at its peak

It does not require an in depth imagination for a person to realize, the biological destruction that is being caused to the helpless patients and visitors of the hospital, as they become carriers of unknown diseases and which could also prove fatal to the unknowing and helpless patient whose body immunities are at the lowest.

The most glaring and un-nerving fact is that the very doctors and nurses that treat the patient are in effect passing on the lethal dose of bacteria to the unsuspecting patient who has submitted themselves to the hospital and its attending staff, in good faith and trust.

I also understand that the hospital authorities have complained to the Breach candy swimming pool on innumerous occasions, without getting any Redressals or corrective actions from the Breach Candy club.

This is a fit case for criminal Redressals, public litigation petition to the Supreme Court of India under CHAPTER XVI: OF OFFENCES AFFECTING THE HUMAN BODY/Of Offences affecting Life and subsection 299 amounting to culpable homicide, CHAPTER XIV OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS and under subsection 268, 269, 270, 271, 290, AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982 and other applicable statutes, and needs to be taken up immediately for Redressals and disposals.

The contention of the argument would be human beings survive by breathing air. Breathing is a process of inhaling and exhaling and it is in the process of breathing that the virus./ bacteria is inhaled and subsequently exhaled either partially or fully. The quantum of retention of such viruses and bacteria depends also in the strength and potency of the human body, which becomes the carrier.

These “carriers” then could spell death to the unsuspecting patients through themselves, and could also be dangerous to their very own lives.

They thus become messengers of ill health, which may not, or may result to the termination of life or death.

This is a very serious form of terrorism, which brings forth the accountability of the government at all levels of administration, and the public at large, which also constitutes individuals, organizations, and institutions/bodies, etc.

I request that reason is seen and the lives of all be held in high esteem and respect.

I also solemnly declare that this may be treated as a Public Interest Litigation in the form of a E-notice bearing criminal intentions and deeds, covering all implications and Redressals and directed to the Honorable Chief Justice of the supreme court of India and covering sections of Article 21 and article 32 and enveloping all related subsections whether expressedly stated or unstated.

Thanking you

This is the "Fast food" outlet from where the
Food/Juices/snacks are procured by the
Breach Candy Hospital.

AN OPEN LETTER TO THE TRUSTEES OF
THE BREACH CANDY HOSPITAL,MUMBAI.

To
Dr W.R. Correa
Managing Trustee
The Breach Candy Hospital
Dilkoosha
Altamount Road
Mumbai 400 026
Ph : 24939520
Ph Res: 23862521
Fax : 23864270
Email: wrc.gyano@vsnl.com

Dear sir.

This is just to bring to your notice about the Health hazards and the total unethical manner in which the Breach candy hospital operates.

Since you are on the governing board of trustees I hope you could contribute to make the Hospital conscious of its responsibility towards society which is lacking totaly at the moment.

I am sure that you will agree that the Hospital cannot and should not get food from roadside "fast food places" and serve it within the hospital premises.

I bring your attention to the laws laid down by your very own hospital and publised on your website
http://www.breachcandyhospital.org/yourvisit/yourstay.htm#dodont whre it cleary states amongst other things that "no medicines and consumables are allowed from outside ."
In the light of the above law, can the Society be given an explanation as to why food is contracted to be delivered to the Hospital premises from a "fast food outlet"?

The extract from the Hospitals website is given below for your convenience.

Do's and Dont's
You are requested not to bring valuables with you to the hospital. The hospital will not be responsible for any loss
Unclaimed items found in the hospital premises must be handed over to the security officer on 23667996
Safes are available in all wards for admitted patients.
In case of theft or loss, the sister-in-charge of the ward and the security officer may be notified immediately
-Flowers are not allowed in the Intensive Care Units and Maternity Wards.
-Bedding from outside is not permitted.
-No medicines or consumables are permitted from outside.
-Use of mobile phones is not permitted in areas such as the Intensive Care Units, lobbies of ICUs, Cardiac Catheterization laboratory.

This article is published on the worldwide web at http://undisciplinedmumbai.blogspot.com/ and you could have a look.

As a responsible citizen of Mumbai please make our city a better, clean and humane, and devoid of cheating to the innocent people, both from within and to vistors both nationaly and internationaly.

This is an open letter for all to know and would be published immedietely, therafter on the website.

The website is also attatched in a PDF file for your convenience

Thanking you for your time

Regards

Health Hazard at Breach Candy Hospital, Mumbai.

In my continued effort to report on the indiscipline in my area of Mumbai I wish to bring to the notice of readers worldwide about the Health risks that they might be encountering, if they ever think of admitting themselves or visiting The Breach Candy Hospital, by consuming foods in the premises of the Hospital.

Mumbai does not, either, seem to have effective laws to curb activities that could be detrimental to the Health of a human being or the officials are simply looking the other way conveniently.

Our hearts go out to the human being who are blindly submitting thier lives to such so called "prestigious Health care centres".

It might come as a shock to all internationally, that a Hospital like the Breach Candy hospital pays little or no heed to the health of Individuals. I am not speaking about the medical services but about the Catering that is being done to Visitors and probably the Patients too. I say "probably", as it becomes very difficult to determine and quantify.

The fact of the matter is that the Hospital has an catering service within its premises but it does not cook food within. The food for the Kitchen comes from a fast food outlet that is just a mere 5 minutes by bicycle and app 10 minutes by walking. The name of the Fast food outlet is "Shree Sharda" whose telephone numbers are 022- 23538538 / 23538477.

The modus operandi of the Hospital is that they get all the Juices/food/snacks from this fast food joint after taking the order and telephoning the "fast food joint" and get the delivery by Bicycle. In case it is a juice, then the ordered contents are divided into half and served after addition of water (God knows about the quality of this water) and the charges are doubled. In case it is a solid food, the same is heated in a microwave and served.

I am discussing quality, hygiene, and cleanliness and am not getting into cheating the unknowing "ingestor" by charging an unreasonable sum as they feel they are getting grade I stuff. The alarming fact is, that the Hospital is feeding people with unhygienic foods/liquids, as it travels in the Indian heat from the fast food outlet to the hospital in the most unhygienic manner of transportation and handling. Can you ever imagine a grade one Hospital serving food that is a potentially bacterial infested, just waiting to grow within and create diseases? Well probably, The Hospital is encouraging this as they want more patients - I guess they know best, as to why they choose to adopt such unethical and unhygienic methods of operating, But the Bottom line is that The Human being is being taken for a royal infectious ride.

Whew! Wonder what is happening to the great cultural Mumbai, the Patrons who are donating so heavily, and the patients who are paying through their noses and feel that they are in one of the Worlds best Hospital. Well looks like the hospital does not care as long as the Administrators are getting their chunk of money as a kick back.

These facts have been confirmed by the personnel in the Hospital who have seen the operations going on, and so also, by the owner of the Fast food restaurant.

The owner of the Restaurant, when confronted, had only this to add- That he is selling because he has been asked to sell and it is the Hospitals responsibility towards its patients and visitors and he is not responsible in any way whatsover!

What a crooked world! And a Toast to Mumbai for being a member of such a Elite Club of Crooked's.

Just for the knowledge of all I give below the "values" of the hospital that are mentioned and claimed in their website. What lies! Can you ever trust your near and dear one be admitted or treated in such a hospital? Well! do so at your own risk!

"Values"
Patient driven
Result oriented
Highest level of code of conduct
Total quality approach
To be achieved through Sincerity, Dedication & Honesty
Flexible organization for responsiveness
Promote high performance, innovation, and creativity
Continuous training
Mutual trust & respect

In addition, their website is: http://www.breachcandyhospital.org/

I write this so that all should know the facts about a "world class Hospital" and are in a position to be on Guard not only for themselves, but also for friends and thier "near and dear ones"

Thank you.