The Single Judge Bench of the Punjab&Haryana High Court, comprising Justice Rajbir Sehrawat in the case of Arti Devi v. UT Chandigarh & others has ordered the Respondent Government Hospital to provide all the necessary treatment to the patient (Petitioner) irrespective of her place of residence as it violates her the right to life and liberty without there being any justifiable reason.
Background of the Case
The Petitioner is a pregnant lady. She has filed the writ petition 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.
Reasoning and Decision of the Court
The Court considered the facts of the case and observed that Government Hospital has no right to drive out the patients by denying them the medical treatment only because of they not being resident of UT Chandigarh.
The court further expounded that the petitioner cannot be subjected to discrimination only on the ground of her place of residence which is a direct violation of fundamental right of the petitioner. Denying her treatment on the above said ground also violates her right to life and liberty without there being any justifiable reason.
The Court ordered the Government Hospital to provide the necessary treatment/advice, in normal course, as and when the petitioner approaches them.
Therefore, the Court disposed of the present petition with a direction to respondents to provide necessary medical treatment/advice to the petitioner, in normal course, as and when she approaches the respondent-hospital.
The court also requested The counsel for the UT Chandigarh to take the petitioner today itself to the hospital and to ensure that the necessary treatment of the petitioner is started with immediate effect.
Case Details
Case: - CWP No.3531 of 2022
Petitioner: - Arti Devi
Respondent: - UT Chandigarh & others
Judge: Justice Rajbir Sehrawat
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