"Govt Hospitals Can't Deny Treatment On The Ground Of Place Of Residence": Punjab And Haryana High Court

The Punjab and Haryana High Court recently clarified that a government Hospital can't deny treatment to someone on the ground that he/she is not a resident of the area where the hospital is located.

The Bench of Justice Rajbir Sehrawat observed this in a matter wherein a pregnant woman was denied medical treatment by a Government Hospital in Chandigarh on the ground that she is a resident of Punjab and not a resident of the UT Chandigarh.

Essentially, the petitioner (who is 5 months pregnant) had approached a Government Hospital in Chandigarh. and she was registered as a patient at the hospital for treatment as well. However, subsequently, she was turned out from the hospital refusing her treatment on the ground that she was not a resident of UT Chandigarh.

Therefore, she moved the High Court with the instant writ petition seeking issuance of a writ in the nature of mandamus, directing the respondents to provide medical treatment.

During the course of the hearing, even the counsel for the respondents-UT Chandigarh could not point out any law, which entitles a Government hospital to drive out the patients by denying them medical treatment only because of the fact that they do not reside within the area where the hospital is situated.

In view of this, the Court observed thus:

"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 right to life and liberty without there being any justifiable reason. This decision or even tendency of Government medical facility cannot be countenanced; by any means."

Agaisnt this backdrop, the Court the petition was disposed of 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 counsel for the UT Chandigarh was further requested to take the petitioner to the hospital and to ensure that the necessary treatment of the petitioner is started with immediate effect.

Case title - Arti Devi v. UT Chandigarh & others
Case Citation: 2022 LiveLaw (PH) 30

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