Governance

Daily Court Digest: Major environment orders (November 7, 2023)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

 
By DTE Staff
Published: Wednesday 08 November 2023
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Affordability of breast cancer medicines

The Kerala High Court (HC) on November 2, 2023 ordered the central government to submit a report on whether breast cancer medications and other expensive drugs could be obtained by those who could not afford them through alternative means.

The Centre’s counsel told the HC that the majority of these medications are already covered by various government programmes through which those who qualify can obtain them at reduced prices.

The HC adjourned the matter till November 22, 2023 within which time the “competent authority of the Union of India will inform the court as to what is best alternative that can be offered to the patients of breast cancer in India” with respect to medicines for its treatment and whether it has already been included in specified schemes.

Free sanitary napkins to students 

The Supreme Court (SC) of India on November 6, 2023 directed the central government to place on record the draft policy that had been formulated for the distribution of sanitary napkins to women students in the requisite age group in schools across India before the next date of hearing on December 11, 2023.

The apex Court directed the government to set down a national model for the ratio of the number of girls’ toilets per female student population across government-aided and residential schools in the country. The SC also asked the Centre to bring about uniformity in terms of the modalities to be followed for the distribution of sanitary napkins.

Furthermore, the Centre was asked to consider the practices used in different states in order to develop the best policy that ensures an adequate supply of sanitary napkins is available to women students in schools and that distribution modalities are helpful in all ways.

The court was hearing a plea filed by Jaya Thakur for directions to states and the Centre to provide free sanitary pads to students of classes VI-XII and ensure a separate women’s toilet facility in all government-aided and residential schools.

Demarcating ponds in Kanpur Dehat district, Uttar Pradesh 

The National Green Tribunal (NGT) on November 6, 2023 directed the district magistrate for Kanpur Dehat to place on record the village-by-village details of the ponds demarcated, mapped, and geotagged in the district in tabular chart form. The chart must include their total area and extent of encroached area, if any.

The district magistrate was also directed to place on record, village-wise details of the ponds that exist according to the revenue records in Kanpur Dehat district via a separate tabulated chart. 

The identification and demarcation process of ponds be completed within two months, the NGT directed. A comprehensive report, along with the two tabulated charts as directed above, be filed by the district magistrate before January 15, 2024, it added.

The tribunal was hearing an application relating to the encroachment and disappearance of ponds in Kanpur Dehat district. There were a total of 1,975 ponds in the district, which have been reduced to 880; therefore, 1,095 ponds have disappeared on account of encroachment and contamination of water, the application said. These data in tabulated form were from the data-based survey of 2011-12 regarding fisheries in Kanpur Dehat.

According to a district magistrate’s report filed on November 6, 2023, 6,612 ponds have been identified, with a total of 6,516 ponds earmarked and the process of marking all the ponds could not be completed due to heavy rainfall in the area. The district magistrate asked for more time to identify. 

A qualitative monitoring of 1,665 ponds in terms of dissolved oxygen and pH scale was conducted, but more time is needed to complete that process, the report said. It also contained the remedial action plan for restoration of ponds in terms of maintaining water quality and restoring fisheries. 

The report also stated that the demarcation, mapping and geotagging of ponds in the Kanpur Dehat district was complete.

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