The Chhattisgarh High Court has initiated suo moto public interest litigation (WPPIL No. 58 of 2024) following a disturbing report published in the Times of India on August 3, 2024. The report highlights dangerously high fluoride levels in the drinking water of Gariaband District, with concentrations reaching eight times the safe limit. The case has sparked serious concerns over public health and governmental accountability.
Case Background
The case arose from a news article titled “Fluoride in Drinking Water 8 Times Higher Than Safe Limit in Gariaband,” published in the Times of India. The report revealed that the fluoride levels in Gariaband’s drinking water have soared to alarming heights, causing widespread health issues, particularly among children. Despite the installation of fluoride removal plants in 40 villages at a cost of โน6 Crore, many of these facilities have ceased functioning shortly after becoming operational.
The situation is particularly severe in the Devbhog block, where over 2000 residents are affected. Initial water quality tests conducted in 2021 reported fluoride levels at 4 ppm, substantially above the safe limit of 1.5 ppm. Recent tests have indicated even more concerning levels, prompting urgent judicial intervention.
Legal Issues and Court’s Observations
The primary legal issue revolves around the state’s responsibility to ensure safe drinking water and the apparent failure to maintain operational fluoride removal systems. The High Court has expressed grave concern over the state’s inaction, highlighting the potential for fluoride exposure to lead to chronic health conditions, including skeletal fluorosis, arthritis, osteoporosis, muscular damage, and kidney diseases.
The court’s observations, led by Chief Justice Ramesh Sinha and Judge Ravindra Kumar Agrawal, emphasized the dire need for immediate remedial measures:
โHigh levels of fluoride in water can cause skeletal fluorosis, arthritis, bone damage, osteoporosis, muscular damage, joint-related problems, fatigue, kidney-related diseases, and other chronic diseases. The situation is alarming.โ โ Chhattisgarh High Court
Court’s Decision and Directions
During the hearing, Advocate General Mr. Prafull N Bharat, along with Government Advocate Mr. Sangharsh Pandey, represented the State of Chhattisgarh. They assured the court of their commitment to seeking instructions and providing an appropriate response.
The High Court has mandated the Secretary of the Health and Social Welfare Department, Government of Chhattisgarh, to file a personal affidavit within two weeks detailing the state’s action plan. The court has scheduled the next hearing for August 14, 2024.
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Parties Involved
– Petitioners: Suo moto public interest litigation initiated by the Chhattisgarh High Court.
– Respondents:
1. The State of Chhattisgarh, through Chief Secretary and various departmental heads.
2. Collector, Gariyaband District.
3. Chief Medical Officer, Gariyaband District.
4. Chief Municipal Officer, Municipal Council, Gariyaband District.
Legal Representation
– For the State:
– Advocate General: Mr. Prafull N Bharat
– Government Advocate: Mr. Sangharsh Pandey
