Gauhati High Court Issues Notice On PIL Seeking Directions Against Hospitals Refusing Treatment To Non Covid Patients

The petition was filed on the basis of newspaper reports indicating various instances of death of non covid patients due to failure of getting admissions in hospitals in Assam as these patients were not able to produce their covid negative certificates.

Adv. SB Rahman representing the petitioner submitted that an additional affidavit highlighting instances of denial of admissions to the non covid patients had been filed in the case. The bench therefore showed its determination in hearing the response of the State Health Department on the issue. In view of the same, the bench issued notice returnable in three weeks. The notice was served in the presence of Mr. R.K.D. Choudhary, Asst. SGI representing Union of India whereas Ms. S Sarma appeared on behalf of State Health Department, Assam.

The PIL further states that 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. The petitioner also argues that the State is under a constitutional obligation enshrined under Art. 47 to secure the health of its citizens.

The petition seeks the following directions:

1. 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.

2. 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;

3. 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.

Case Name: Debabrata Saikia v. Union of India & Ors.

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