Dengue Menace: Karnataka High Court Asks BBMP To Heavily Fine Individuals, Housing Societies If Stagnant Water, Waste Isn't Removed

A division bench of Chief Justice N V Anajaria and Justice K V Aravind said this while disposing of a suo-motu petition initiated by the court in July 2024, taking note of the rising number of Dengue cases in Bengaluru and other districts of the state, especially rural areas.

The bench said “As far as the dengue is concerned, since mosquito breeding is the primary cause, it is expected that the BBMP shall evolve a continuous mechanism to check, control breeding of mosquitoes. Any individual, any residential society or residential hub if found to be negligent towards clearing the stored water in containers, stagnant water, long accumulated water or solid waste which may result into breeding of mosquitoes, shall be subjected to heavy fine by framing proper rules in that regard.”

Further, the court said “The respondent-State authorities and the civic authorities should not remain complacent in discharging their duties to avail the medicare facilities for the citizens, to conduct and control the spread of disease.”

Taking into consideration the steps taken by the state government and the civic body to prevent the spread of dengue, in state, it said, “Having taken note of the steps taken and relevant aspects as above, since the dengue is noticed to be finally on decline, the present public interest proceedings are closed and the petition is disposed of.”

It also observed that “Rightly and timely measures by the Governmental authorities and the civic bodies to avail healthy and disease-free environment for the citizens is not only their statutory duty under the statute but, right to health and right to healthy climate is a concomitant right as fundamental under Article 21 of the Constitution.”

It referred to a research study conducted by Pune based experts of Indian Institute of Tropical Meteorology (IITM), Pune during 2004 to 2015, which used statistical tools as well as other learning methods found that temperature, rainfall and relative humidity were associated with increased dengue deaths which was on account of rise in the number of dengue cases.

The bench suggested that “The above research findings would serve as a guide to the respondent-BBMP and all other civic bodies in the other States also, in fighting against the deadly disease dengue, for taking preventive measures in advance to not only counter the spread of disease, but keep it at a bay.”

The court had initiated the proceeding taking note of the letter written by a citizen of Raichur, Vijaykumar HK, which was published in the Deccan Herald newspaper and other related news articles pointing to the several cases of dengue.

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

Case No: WRIT PETITION NO. 18593 OF 2024

Citation No: 2025 LiveLaw (Kar) 60

Appearance: Senior Advocate K.N Phanindra as Amicus Curiae,

Senior Advocate S Sriranga a/w Advocate Ashwini N Ravindra for Petitioner.

Additional Government Advocate Niloufer Akbar FOR RESPONDENT NOS.1 & 2.

Advocate S H Prashanth for R3.

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