[Eradicating Mosquito Menace] Citizens Have A Duty And Obligation To Keep City, Drains,Public Amenities, Etc. Clean: Kerala HC [Read Order]

The Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly was hearing a writ petition seeking directions for the authorities to ensure that adequate and proper measures are taken to eradicate the mosquito menace in Kerala so that people in Kerala can live without the menace of mosquito bites and thereby they could get freedom from the fatal dengue fever and other communicable diseases spread by the biting of mosquitoes.

Significantly, this writ petition was pending before the Court since 2013 without any effective interim orders passed by this Court.

Thereupon, the Court thought it fit to dispose of it with appropriate directions to the respective Corporations i.e., the Thiruvananthapuram Corporation and Cochin Corporation

Averments in the Petition

According to the petitioner, metropolitan cities like Thiruvananthapuram and Kochi are alarmingly infested with the menace of mosquitoes, which causes fatal diseases like dengue fever, malaria, elephantiasis and such other infectious diseases.

However, as alleged by the Petitioner, the Government as well as the Local Self Government Institutions, having bounden duties to ensure that people are living in a healthy atmosphere as is enshrined in Article 21 of the Constitution of India, have not taken any action to eradicate the mosquitoes and further that they are not discharging the duties in terms of the provisions of the Municipalities Act, 1994.

A statement was filed by the Thiruvananthapuram Corporation stating that it has given importance for the implementation of the Anti-Mosquito Programmes of the Corporation.

The Corporation submitted that it is in the process of implementing the Mosquito Eradication Programme and sufficient workers are deployed in each ward of the Corporation to eradicate the mosquito menace by destroying the larva of the mosquitoes and thereby, attempts were being made to eradicate and wipe out the breeding of mosquitoes at source.

Moreover, it contended that it has also taken effective steps under the supervision of the concerned Health Inspectors of each ward for spraying and fogging and the Secretary of the Corporation was evaluating the steps taken by the Health Inspectors weekly.

That apart, it was also submitted that several awareness programmes were initiated among the public to understand the health hazards due to the breeding of the mosquitoes.

It was also pointed out that it has taken active steps to eradicate the menace with the help, cooperation and assistance of various Residents' Associations and it also undertakes that every year before the onset of the Monsoon, effective steps are taken for the destruction of mosquitoes at the source.

Court's Observations

The Court was of the view that the Corporations have not attained the target of eradication of the mosquitoes, in spite of destroying larva at the source.

In this regard, the Court remarked, the duties and obligations cast upon the Corporations under the provisions of the Kerala Municipalities Act, 1994 ('the Act, 1994' for short) cannot be forgotten.

The Court observed,

"Keeping the environment clean and tidy and removing the waste and other useless materials so as to ensure healthy, and sanitary conditions conducive to the welfare of the citizens are mandatory requirements to be discharged by the Corporation."

The Court further observed that the State, as well as the local bodies, have to ensure the life and liberty of the citizens in its fullest sense by bearing in mind the fundamental right guaranteed to the citizens under Article 21 of the Constitution of India.

Citing Article 47 and 48 of the Constitution of India, the Court said that the State has a duty for raising the level of nutrition and the standard of living and to improve public health and a duty to make every endeavour to protect and improve the environment.

Likewise, the Court said, as per Article 51A of the Constitution of India, every citizen has a fundamental duty to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

In this context, the Court said,

"Therefore, taking into account the responsibilities imposed upon the State and the Corporations as per the provisions of the Act, 1994 and the Constitution of India, the State and the Corporations cannot remain as mute spectators, when such dreaded diseases are prevailing due to the menace of mosquito breeding."

Lastly, the writ petition was disposed of directing the State as well as the respective Corporations to ensure that adequate and effective steps are taken in terms of law to eradicate the breeding of mosquitoes by putting in place appropriate measures at the appropriate time.

The Court also directed the State and the Corporations to ensure that, "the waste accumulated in the cities and the other areas is removed. The waste collection shall also be done in accordance with the provisions of the Act, 1994 and they shall ensure that there is no lethargy or inaction on the part of the authorities in discharging their mandatory functions under the Act, 1994 and thereby protect the life and liberty guaranteed to the citizens under Article 21 of the Constitution of India as is envisioned by the framers of the Constitution and to translate its true intent, purport and spirit, and to prevent further deterioration of the environment and the quality of life of the citizens."

Case Details:

Case Title: Renjith K. R. v. State Kerala and Ors.

Case No.: WP(C).No.23271 OF 2013(S)

Quorum: Chief Justice S. Manikumar and Justice Shaji P. Chaly

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