Govt. hospitals can’t deny medical treatment to individuals on the ground that they are not resident of area where hospital is located: Punjab and Haryana HC
The Punjab and Haryana High Court ruled that government hospitals cannot deny medical treatment to individuals on the ground that they are not residents of the area where the hospital is located.
Background
The present petition has been filed under Articles 226 & 227 of the Constitution of India, seeking issuance of a writ in the nature of mandamus, directing the respondents to provide medical treatment to the petitioner who is five months pregnant and who has been denied medical treatment by respondents on the ground that she is resident of Punjab and in GMSH-16 Chandigarh, the patients from outside Chandigarh cannot get treatment, along with certain other prayers.
Arguments
Ashdeep Singh, Advocate for the petitioner contended that the petitioner is having a pregnancy of five months and she needs medical treatment and health advice for the well being of her fetus and for her own well being as well. For that purpose the petitioner has approached the respondent Hospital. The petitioner was registered as a patient at the hospital for treatment as well. However, subsequently the petitioner has been turned down from the hospital, refusing her the treatment on the ground that she was not a resident of UT Chandigarh.
Decision
The single judge bench of Justice Rajbir Sehrawat stated that even the counsel for the respondents-UT Chandigarh has not been able to point out any law, which entitles respondent hospital to drive out the patients by denying them the medical treatment only because of them not being resident of UT Chandigarh.
The court further added that the petitioner cannot be subjected to discrimination only on the ground of her place of residence. That, in fact, is a direct violation of the fundamental right of the petitioner. Denying her treatment on the above said ground also violates her the right to life and liberty without there being any justifiable reason. This decision or even tendency of Government medical facilities cannot be countenanced by any means.
The court directed the respondents to provide necessary medical treatment/advice to the petitioner, in normal course, as and when she approaches the respondent-hospital.
Case title: Arti Devi v/s UT Chandigarh & Ors.
Citation: CWP No.3531 of 2022
