The Punjab and Haryana high court, while disposing of a petition filed by a woman in the fifth month of her pregnancy, ruled that no person can be denied treatment solely for not being a city resident.
Arti Devi, 27, resident of Kansal in Mohali, had moved the high court after being denied treatment by the government multi-speciality hospital (GMSH), Sector 16, on the grounds of her not being a resident of Chandigarh.
The petitioner said she had been visiting GMSH 16 since December 13, 2021, but on February 10, was denied treatment by the gynaecology clinic staffers, who asked her to get treatment from a hospital situated in Punjab.
Her counsel, Ashdeep Singh, submitted before the high court that there is no such law under which government hospitals in Chandigarh could have denied the facility of treatment to the petitioner, in normal course, only on the ground that she was not a resident of Chandigarh.
While disposing of the petition, the high court observed that the assistant government pleader for the UT Aditya Pal Singla has not been able to point out any law, which entitles the hospital to drive out the patients by denying them the medical treatment on such grounds.
“Otherwise, also, 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,” justice Rajbir Sehrawat ruled.
{{/usCountry}}“Otherwise, also, 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,” justice Rajbir Sehrawat ruled.
{{/usCountry}}The high court, thus, directed GMSH 16 “to provide the necessary treatment/advice, in normal course, as and when the petitioner (Arti) approaches hospital.”
It may be mentioned that on January 3, 2022, Karnal councillor Tarnjit Kaur had written to UT administrator to restart childbirth procedures for residents of Kansal and Nayagaon.