"Delaying Access To Medical Assistance Violates Art. 21, 19(1)(d)": Telangana High Court Stays Govt. Guidelines Prohibiting Inter-State Travel Of Ambulances, Patients

Observing that no State action can be validated that results in avoiding or delaying the access of medical assistance to patients in dire need of treatment, the Telangana High Court on Friday stayed the Guidelines issued by the State Government prohibiting inter State travel of ambulances and patients.

The guidelines dated 11 May 2021 issued by the State Government directed that patients belonging to other States need to apply in a prescribed format to a control room set up by the Government and cannot enter the State for hospitalization till the time the same is issued authorization.

A division bench comprising of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy observed thus:

"No State action can be validated that results in avoiding or delaying access to medical assistance when a patient is in a dire need of such a treatment. This would amount to violating the sacrosanct right to life guaranteed under Article 21 of the Constitution and operate as a fetter on the right of a citizen of this country to move freely throughout the territory of India, as enshrined in Article 19(1)(d) of the Constitution of India."

Further observing that the State Government is under an obligation to take steps for preserving life "instead of creating impediments to access medical services and health facilities", the Court stayed the operation of the said guidelines after observing thus:

"We are of the prima facie view that the impugned Guideline issued by the respondents No.I and 2/State Government will result in creating obstacles for COVID-19 patients belonging to other States, entering the State of Telangana for hospitalization."

The observation came in a PIL filed by Garimella Venkata Krishna Rao, a former IRS Officer, challenging the actions of the State Government by stopping ambulance vehicles at the State border as being violative of Art. 21 of the Constitution and also the National Disaster Management Act.

The petition highlights media reports showing that the State Government was restricting the entry of ambulances plying from State of Andhra Pradesh into Telangana at the border.

"It is being further reported by all credible media outlets that this is being done on oral instructions of higher officials and the officers guarding the State border do not have any written instructions to do so." The plea states.

The petition states that the aforesaid action runs contrary to the order issued by the Ministry of Home Affairs dated 29th April 2021, National Policy for Admission in Hospitals under Sec. 10(2) of Disaster Management Act issued by the State Government vide order dated 8 May 2021 and also the Supreme Court order directing that no patient shall be denied admission on the ground that he/she is unable to produce an identity card which doesn't belong to the city the patient is located.

During the course of hearing yesterday, Advocate Srinivas Dammalapati submitted that the action is of the State is nothing but "an illegal attempt to prohibit inter state travel of ambulances and patients thereby violating Art. 19 and 21 of the Constitution."

Observing that the guidelines "impose an unreasonable restriction on residents of other States seeking admission in Telangana", the Court observed thus:

"The Constitution contemplates establishment of a Welfare State, both at the federal level and the State level where the foremost duty of the Government is to provide adequate facilities for its people. This not only includes establishing and running health care facilities right from the primary healtheare centres to hospitals and referral Institutions of Medicine, but also encompasses the right of a eitizen to access and avail of such medical facilities unhindered by any rules, procedures and guidelines that would result in depriving a patient of medical facilities."

In view of this, the Court issued notice in the writ petition and stayed the operation of the Guidelines till further orders.

The Court also cautioned the State not to adopt any other circuitous route by issuing any fresh guideline which will result in putting fetters on inter-state travel of ambulances carrying COVID-19 patients from the neighbouring States for hospitalization in the State of Telangana or insisting upon persons applying in the prescribed format to the control room set up for tying up with hospitals in Telangana for purposes of COVID admissions.

"It is however clarified that if any patient and/or his attendant of his own free will and volition and for his own convenience opts to approach the control room set up by the respondents No.l and 2 so as to tie up with a hospital situated Telangana for COVID-19 admission, the said control room can render appropriate assistance to the patient/attendant. But no Authorization from the control room would be required for any patient and/or attendant to travel into the State of Telangana looking for hospitalization for treatment of COVID-19 infection." The Court clarified at the outset.

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