CALCUTTA: Any government hospital in the country which denies admission to patients in critical condition will have to face charges of contempt of court. A recent verdict of a division bench of the Supreme Court has recognized emergency treatment as a fundamental right of critical patients.
Justices S. C. Agarwal and G. D. Nanawati in their order on May 6 this year on a writ petition filed by Pachim Bangla Khet Mazoor Samity (PBKMS), accorded the right under Article 21 of the Constitution. Stating this at a Press conference on Friday evening. Janaswasthya Adhikar Samiti convener Surj it Das noted that according to the judgment, pleas of non-availability of vacant beds or paucity of funds were untenable and could not be accepted as availed ground of noncompliance with the Supreme Court order. Not only government hospitals, but doctors employed therein also would be liable to charges of violating the fundamental right if they denied admission to such patients, Mr. Das said quoting the Supreme Court verdict. Although the writ petition was filed in respect of an individual case, the Supreme Court bench ruled that directions pertaining to right of admission into government hospitals would be applicable to all states and the Center, Mr. Das said. Since the case related to an aggrieved individual, the court awarded him a compensation of Rs. 25,000 and asked the Center and state government of provide adequate facilities to primary treatment as well as to upgrade the standard of treatment in district and sub divisional hospitals accommodating emergency patients and to keep ambulances ready at all hospitals.
Article extracted from this publication >> September 25, 1996
