[Medical Facilities In Hilly Areas] 'Access To Proper Medical Facility A Fundamental Right; State Has To Provide Appropriate Facilities', U'khand HC [Read Order]

The Bench of Acting Chief Justice Ravi Malimath and Justice R. C Khulbe was hearing public interest litigation seeking an order to direct the respondents to implement various health schemes, as propounded by the State and the Centre, and other consequential reliefs.

On considering the contentions, the Court was of the view that in larger public interest, the medical facilities throughout the State of Uttarakhand requires to be considered.

The Court noted,

"There has been a constant outcry from the public with regard to the lack of proper medical facilities, especially in the hilly areas. Since a large portion of the State is situated in the hilly areas, the people living there should necessarily be accorded with at least minimum medical facilities. (emphasis supplied)

The Court further remarked,

"Establishing appropriate medical facilities also has various problems. It is these issues, the State would have to balance, namely, the medical facilities to be provided to the public on the one hand and the environment on the other to strike a balance."

It is under these circumstances, the Court called upon the State to furnish particulars with regard to the following:-

* Availability of medical facilities,

* The nature of the medical facilities,

* The standard of hospitals,

* The quality of medical aid, and

* All such issues those are necessary to determine appropriate medical attention to the public at large.

Therefore, the Court was of the view that the scope of the present petition should cover the entire issue of the medical facilities in the State of Uttarakhand.

Therefore, the counsel for the petitioner was instructed to file a list of questionnaires, which the Court can put to the State in order to elicit answers and the particulars of the available facilities, etc.

Matter has been listed for further hearing on Tuesday (06^th October).