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DB asks to implement MH&FW guidelines for strengthening cancer tertiary care
11/21/2019 9:47:12 PM
Early Times Report

Srinagar, Nov 21: A Division Bench of High Court comprising Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur while disposing of a PIL, directed respondents to strictly comply with the guidelines issued by the Ministry of Health & Family Welfare (MH&FW), Government of India for strengthening of Tertiary Care of Cancer and speed up the work of construction of the operation theatres in the upcoming State Cancer Institute as per the proposed requisition.
Division Bench further directed respondents to ensure that every possible step is taken in the process of making available the operation theaters for the Department of Surgical Oncology for all days of the week. While giving liberty to the petitioner to approach this Court, again, in the event the grievance, as projected by her in this petition, is not redressed, at the same time, we hope and trust that the authorities concerned do not constrain the petitioner, who is a cancer patient, to knock at the portals of this Court again with reference to providing adequate and timely treatment to the cancer patients in Jammu and Kashmir.
DB also observed that ordinarily, all the concerned authorities in the Government of Jammu and Kashmir, including those of the respondent Institute, being the official functionaries of the Government, are under a statutory and legal duty to ensure that all requisite steps are taken to mitigate the sufferings of cancer patients in Jammu and Kashmir within the import and purport of the guidelines issued by the MH&FW. Furthermore, since the issue of growing menace of cancer cases, as is the subject matter of the instant petition, is an issue which not only directly concerns the public at large, but also requires all possible efforts and steps from the functionaries of the Government so that the same is reduced to the minimal possible position. However, we find it very painful that the petitioner, being a cancer patient and having undergone five cancer removal surgeries on various occasions, has had to approach this Court and state that the Government has failed in providing any proper infrastructure or assistance lo the cancer patients, as is due to the citizens belonging to a welfare Society like the Jammu and Kashmir. In the Public Interest Litigation, petitioner seeks direction to the respondents to comply with the guidelines for strengthening of Tertiary Care of Cancer as provided by Government of India in letter and spirit and to construct operation theatres in the upcoming State Cancer Institute as per the proposed requisition.
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