Can’t deny treatment to outsider: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, February 23

The Punjab and Haryana High Court has made it clear that a patient cannot be subjected to discrimination on the basis of her place of residence. The Bench also made it clear that denying treatment to a patient by a government hospital in Chandigarh for being an outsider violated her right to life and liberty.

The assertion by Justice Rajbir Sehrawat came on a petition by a five-month pregnant woman alleging denial of medical treatment on the grounds that she was a Punjab resident and patients from outside Chandigarh could not get treatment at the GMSH, Sector 16, Chandigarh.

Appearing before Justice Sehrawat’s Bench on the patient’s behalf, counsel Ashdeep Singh submitted that she was turned out from the hospital on February 10 and refused treatment “on the grounds that she was not a resident of the UT”. The counsel submitted that there was no such law under which the government hospitals in the UT could deny the facility of treatment to the petitioner in the normal course only on the grounds that she was not a UT resident.

Taking up the matter, Justice Rajbir Sehrawat asserted that even the counsel for the respondent (UT) could not point out any law, which entitled the respondent hospital to drive out the patients by denying them medical treatment only because they were not UT residents.

“Otherwise also, the petitioner cannot be subjected to discrimination only on the grounds of her place of residence. That, in fact, is a direct violation of a fundamental right of the petitioner. Denying her treatment on the said grounds also violates her right to life and liberty without there being any justifiable reason,” Justice Sehrawat further asserted

In his detailed order, Justice Sehrawat added that such a decision or even the tendency of a government medical facility could not be countenanced by any means. As such, the respondent hospital deserved a direction to provide the necessary treatment/advice in the normal course as and when the petitioner approached it.

“Accordingly, the present petition is disposed of with a direction to the respondents to provide the necessary medical treatment/advice to the petitioner in the normal course as and when she approaches the respondent hospital. The counsel for the UT is requested to take the petitioner today itself to the hospital and ensure that the necessary treatment is started with immediate effect,” Justice Sehrawat added.