Karnataka HC Emphasises Preventive Steps To Avoid Spread Of Dengue, Suggests Imposition Of Fine To Check 'Menace Of Mosquito Breeding'

The Karnataka High Court on Wednesday suggested that the State Government and Bruhat Bengaluru Mahanagara Palike (BBMP) take preventive steps in addition to the curative steps to avoid the spread of dengue in the city of Bengaluru and other districts of the state.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind on going through the affidavits filed by the authorities in regard to the steps taken to curb Dengue said “Court is of the view that the steps so far demonstrated by authorities in particular BBMP are on the curative front and not sufficiently on the preventive front. Preventive measures are more important and Prevention is better than cure.”

Dismissing the claim that 51 hotspots were identified in the city of Bengaluru by BBMP, the court said that due to a large number of residential, commercial and construction sites, the mosquito breeding was assessed to be much larger than only in the identified hot spots.

Court stated that the corporation had not informed it about punitive actions taken if a mosquito breeding spot is found near a society or house, which was not removed.

It suggested that “A stern penal action including imposing of fine may be an answer to check the menace of mosquito breeding, which is the genesis of Dengue.”

The court appreciated that the Chief Secretary of the state had filed the affidavit of compliance, considering the importance of the matter. The court took note of the steps initiated by authorities in terms of readiness of medical infra, availability of medicine and preventive measures and updating the monitoring agencies in Bengaluru and other districts.

It observed, “It is expected that the state government will continue to remain live towards the duty to be discharged by it.”

The court gave these directions while hearing a suo-motu petition initiated after taking cognizance of a letter to the editor published in a newspaper highlighting the rising number of Dengue cases in the state.

During the hearing, amicus curiae Senior Advocate K N Phanindra questioned the claim of the corporation that more than 24 lakh houses were surveyed in the city. He said that the said figure was unrealistic and that no surveying team had visited the east part of the city which is the area surrounding the High Court, with no preventive measures being taken to check mosquito hot spots.

Referring to the reports submitted by the Director of the Health Department about the marginal decline in dengue cases since August, the amicus expressed a reasonable apprehension that there may be a spurt of cases as the season of monsoon season is going on.

Senior Advocate S Sriranga for the petitioner apprised the court about the measures to check spread and control the spread of disease taken in Delhi and elsewhere. He submitted that regulations are framed under the Epidemic Diseases Act and authorities are formed to monitor. He urged that similar steps be pursued in the State.

The court took on record the submission, incorporated the suggestion of the petitioner's counsel and said it would consider the same on the next date of hearing.

The counsel for BBMP informed the court about the awareness measures undertaken and the household survey conducted to check for breeding grounds. It was said that regular fogging and spraying is being undertaken.

Adjourning the matter for further hearing to August 28, the court directed the State Government and BBMP to file affidavits addressing the court, concentrating on the preventive measure as referred above and other preventive measures which may be needed to curb the spread of dengue through all possible avenues.

Case Title: High Court of Karnataka AND State of Karnataka & Others

Case No: Writ Petition 18593/2024.