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In the Supreme Court of India Civil Original Jurisdiction

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In the Supreme Court of India Civil Original Jurisdiction IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. ________ OF 2020 [Under Article 32 of the Constitution of India] In the Matter of: Munni Bee &Anr. …Petitioners VERSUS Union of India &Ors. …Respondents I N D E X Sl No. Particulars Copies Court Fee 3. List of Dates 1+3 4. Impugned Orders dated.23.03.2020 and dated.24.03.2020 (Imp Orders) 5. Writ Petition with affidavit 1+3 Rs. 6. Annexure-P-1 to P-18 1+3 Rs. 5. App. for Interim Directions 1+3 Rs. 6. Application for Exemption From Filing Official Translation Of Annexure P-1. 1+3 Rs. 7. Application for exemption from filing of court Fees. 1+3 Rs. 8. Vakalatnama with Memo of Appearance. Rs. Place: New Delhi FILED BY Date: 01.04.2020 (APARNA BHAT) ADVOCATE ON RECORD FOR THE PETITIONERS CHAMBER NO 206 NEW LAWYER CHAMBER SUPREME COURT OF INDIA NEW DELHI IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. ________ OF 2020 [Under Article 32 of the Constitution of India] In the Matter of: Munni Bee &Anr. …Petitioners VERSUS Union of India &Ors. …Respondents With I.A. No. of 2020 APPLICATION FOR INTERIM DIRECTIONS AND I.A. No. of 2020 APPLICATION FOR EXEMPTION FROM FILING OFFICIAL TRANSLATION OF ANNEXURE P-1. PAPER BOOK FOR INDEX KINDLY SEE INSIDE ADVOCATE FOR THE PETITIONER: APARNA BHAT INDEX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. INDEX Page No. of part to which Re it belongs Sl. No. Particulars of Document mar ks Part Part II I (i) (ii) (iii) (iv) (v) Court Fee 1. Listing Proforma A-A1 A-A1 2. Cover Page of Paperbook A3 3. Index of record of Proceedings. A4 Limitation Report prepared by the 4. A5 Registry 5. Defect List A6 6. Note Sheet NS-1 7. Synopsis & List of Dates A-M 8. Writ Petition with Affidavit 1-26 Annexure P-1 True Translated Copy of the order 27- 9. dated.23.03.2020 passed by the Health 29 and Family Department, Government of M.P. Annexure P-2 10. True copy of the office order dated 30 24.03.2020 passed by Director, BMHRC. Annexure P-3 31- 11. True copy of the medical record of the 34 Petitioner No.1 Annexure P-4 35- 12. True copy of the order dated 03.10.1991 36 passed by the Hon’ble Supreme Court. Annexure P-5 37- 13. True copy of the order dated 14.02.1994 41 passed by the Hon’ble Supreme Court. Annexure P-6 42- 14. True copy of the “Bhopal Memorial 57 Hospital Trust” deed dated 11.08.1998. Annexure P-7 58- 15. True copy of the “Safety Consideration 62 Report” prepared by UCC Annexure P-8 True copy of the ATSDR, U.S Dept. of 63- 16. Health, sheet on toxicity of Methyl 80 Isocyanate. Annexure P-9 True copy of the 2010 Action Plan 81- 17. prepared by the Department of Bhopal 119 Gas Tragedy Relief & Rehabilitation. Annexure P-10 18. True copy of the article written by 120 medical researcher, Polly Ghazi. Annexure P-11 True copy of the medical research study paper titled: “Comorbidity and its impact 121- 19. on 1,590 patients with COVID-19 in 162 China: A Nationwide Analysis” published by Guangzhou Medical University, China. Annexure P-12 True copy of the table containing the 163- 20. data on various diseases suffered by gas 165 affected patients. Annexure P-13 True copy of the Records from the Office 21. 166 of the Welfare Commissioner, Bhopal Gas Victims Annexure P-14 167- 22. 175 True copy of the letters written to Central and State Government of M.P. by survivors’ organizations. Annexure P-15 True copy of the notification 176- 23. dated.24.03.2020 issued by Director, 178 BMHRC. Annexure P-16 True copy of the circular 179- 24. dated.25.03.2020 issued by Coordinator, 180 Health Service, BMHRC. Annexure P-17 True copy of the article 181- 25. dated.25.03.2020 published in “The 182 Hindu”. Annexure P-18 Truecopy of the “Corona Action Plan of 183- 26. Bhopal, M.P” formulated by the Govt. of 184 Madhya Pradesh. Application for Interim Directions. 185- 27. 190 Application for Exemption from Official 194- 28. Translation of Annexure P-1 196 29. F/M V/A 197- 30. 198 A SYNOPSIS That the Petitioner No.1 is a 68-year old woman, a survivor of the Bhopal gas disaster, who belongs to very poor socio economic background. She is presently on a ventilator in the ICU at BMHRC, Bhopal.That she has been in the ICU for the last 24 days as she had suffered a heart attack, she has also previously suffered a stroke and has diabetes and hypertension. These respiratory and other diseases have now become a hallmark for the Bhopal gas disaster victims. That she faces a threat of being denied this treatment in view of certain directives of the state to provide support and treatment to patients of COVID 19. The present petition is being filed challenging those actions which are not only denying treatment to patients like the Petitioner no.1 but is also exposing them to further dangers of the novel corona virus as their condition is already extremely vulnerable. That on December 2/3 1984, Munni Bee along with approx. 5,74,000 people living near the Union Carbide factory site inhaled Methyl Isocyanate (MIC), the vast majority had their lung function chronically damaged. The “Safety Consideration Report” for the Methyl Isocyanate (MIC) Unit prepared by the Union Carbide Corporation, for breathing gave MIC the maximum dangerous rating of 5 which means that “major residual injury is likely despite prompt treatment due to the other exposure routes: “Breathing-Methyl isocyanate is a recognized poison by inhalation and is intensely irritating to breathe. It causes severe broncho-spasm and asthma-like breathing. Major residual injury is likely in spite of prompt treatment.” A B That the present Petition concerns diversion of the Bhopal Memorial Health and Research Centre (BMHRC), contrary to the terms of its Trust Deed, set up under orders of this Hon’ble Court passed between from 1991- 1998 annexed herein below. That further the Bhopal Group for Information and Action, Petitioner No. 2 herein has approached this Hon’ble Court in a number of cases w.r.t. the health care and right to life of Bhopal’s gas victims. On the plea of Petitioner No. 2 in Writ Petition 50 Of 1998, this Hon’ble Court was pleased to pass strong orders strengthening the functioning of the Bhopal Memorial Health and Research Centre (BMHRC); In Writ Petition 33 of 2012, this Hon’ble Court was pleased to pass orders regarding clinical trials conducted on Bhopal Gas victims inter alia in the BMHRC; In Writ Petition 657 OF 1995 this Hon’ble Court has been pleased to pass orders to bring safe water to Bhopal gas survivors who are being forced to drink water laced with toxic waste dumped by Union Carbide. As such the present Petitioners seek to approach this Hon’ble Court directly for emergency directions. That, on May 15, 1988, this Hon’ble court first directed the State of M.P to constitute Bhopal Memorial Hospital and Research Centre (BMHRC) and Bhopal Memorial Hospital Trust (BMHT) to look after the health of the affected gas victims. That,in furtherance of its earlier order dated. 15.05.1988, the Hon’ble Supreme Court on October 3, 1991, had directed the Union Carbide Corporation to build a 500- bed hospital with the best services and equipment for treatment of the survivors of the disaster and the provision of medical surveillance and expert medical care for them pursuant to the settlement with Union Carbide Corporation and Union Carbide India Ltd. “..it will be proper that expert medical facility In the form of the establishment of a full-fledged hospital of at least 500 bed strength with the best of B C equipment for treatment of MIC related affliction should be provided for medical surveillance and for expert medical treatment……It shall be equipped as a Specialist Hospital for treatment and research of MIC related afflictions and for medical surveillance of the exposed population. [367D-F] 27. The Capital outlays on the hospital and its operation expenses for providing free treatment and services to the victims should, both on humanitarian considerations and in fulfilment of the offer made before the Bhopal Court, be borne by the UCC and UCIL.” That, in accordance with the said orders of the Supreme Court of India, the Bhopal Memorial Hospital Trust was set up on August 11, 1998, one of the prime objectives of which was, “(i) The construction, staffing, equipping, management, operation and maintenance of the Hospital and the provision therein of medical and other appropriate facilities (including facilities for medical surveillance by periodic medical checkups) for the benefit in the first instance of the victims of the Bhopal Gas Tragedy of 1984 and their dependents, and subject thereto for the people of Bhopal and the public at large.” That according to a number of studies published in national and international scientific journals and official records, it has come to light that long term health damage has most likely been caused to 5,74,375 individuals as a result of their exposure to Methyl isocyanate. That, the epidemiological research by the ICMR indicates that the rate of illness (morbidity) in the affected areas is 2.5 times higher than the unaffected areas and that 95% of the affected population is suffering from some physical or mental illness.
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