Leader Of Opposition In Assam Legislative Assembly Files PIL In Gauhati HC Against Hospitals Refusing Treatment To Non-COVID Patients [Read Petition]

The Petition has been filed through Advocate Syed Burhanur Rahman, contending that as per various newspapers reports there are many instances in recent times when numerous Hospitals in Assam have refused to entertain the urgent admissions of many critically ill people due to non-production of COVID medical certificate.

It has been further contended that such people also include accident-related critically injured cases, in which urgent medical care is vital and of paramount importance. Resultantly, many people succumbed to their injuries sustained during the accidents.

The petition also states that other vulnerable patients like pregnant women, cardiac patients etc. are also not admitted in the hospital without the non COVID medical certificate, states the plea. Also, that Essential critical services required on an urgent basis to those suffering from serious ailments are also not admitted and provided with requisite immediate services.

The plea highlights the fact that in recent times, newspapers covered many instances of death of non-COVID patients due to failure of getting admission in various hospitals in Assam as the patients couldn't produce the non-COVID certificates.

Other Contentions raised in the Petition

The Petition alleges that such non-COVID medical certificate is insisted by the hospitals before admission, despite the office communication bearing no. DO 7(23)/2020-NHM-I dated 28.04.2020 (PDF File here) made by Respondent no 1 to all the States and UTs.

The said official communication states that "It is also noticed that many places the hospitals/clinics are insisting on a COVID-19 test before providing services." Further, it states that "…that anyone needing any essential critical services including dialysis, blood transfusion, chemotherapy and institutional deliveries not denied such services."

In this context, the Petition states

"The right of a citizen to live under Article 21 of the Constitution of India casts an obligation on the State. This obligation is further reinforced under Article 47 of the Constitution of India, which says that it is for the State to secure health to its citizen as its primary duty. Failure of a hospital to provide a patient with timely medical treatment results in the violation of the patient's right to life."

It has also been submitted that preservation of life is of paramount importance. As once life is lost, the status quo ante cannot be restored, and it is the professional obligation of all doctors (government or private) to extent medical aid to the injured and such emergency cases immediately to preserve life without any formalities whatsoever.

The petition goes on to state,

"The failure on the part of the hospital to provide timely medical treatment to the person in need of emergency treatment results in the violation of his right to life guaranteed under Article 21. A hospital is duty-bound to accept accident victims and patients who are in critical condition and that it cannot refuse treatment on the ground that the victim is not in a position to produce the non-COVID certificate." (emphasis supplied)

Lastly, the petition says,

"The actions of the Respondent authorities are malafide and violative of the fundamental rights of the petitioner as guaranteed to him under Articles 14 and 21 of the Constitution of India."

Prayers in the Petition

* Directing the Authorities to ensure the admission of all patients in various hospitals of the State of Assam without the production of the non-COVID certificate.

* Directing the Authorities to conduct the mandatory magisterial inquires of any deaths resulting due to the non-admission of patients for failure to produce the non-COVID certificate and punish the culprits as per law;

* Directing the Authorities to release the adequate compensation to the families of victims, if the magisterial inquiry concludes the death as a result of non-admission in hospitals due to failure to produce the non-COVID certificate.

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[Read Petition]