HC notice to Centre, AIIMS for refusing poor woman's surgery

"Every person is entitled to equality before law and equal protection of law. Also, no person can be deprived of his life and personal liberty except according to procedure established by law. Thus, the state is bound to protect life and liberty of every human being," he further contended.

Asha Devi is an illiterate married woman and her husband is 100 percent hearing-impaired and unemployed. They have four children -- three of whom are attending government school in Bihar. Her father-in-law works as an agriculture labourer and earns an average of Rs.5-6 thousand a month. The family has no other source of income, said the plea.

Around six months back, she was advised by a doctor in Bihar to approach AIIMS for treatment.

Accordingly, she approached AIIMS on December 16, 2015, where doctors advised total hip replacement surgery for her.

AIIMS asked her to deposit the hefty amount towards the cost of implants. Thereafter, she made a written representation on January 19 to the hospital and the central government requesting that she be provided totally free treatment as she belongs to the economically-weaker section and lives in abject poverty.

The plea added that she possesses income certificate dated December 19, 2015 from the government of Bihar indicating annual income of Rs.70,000, and National Food Security Card which is issued to a person having less than Rs.1 lakh annual income.

The hospital refused to provide her free treatment saying she should have an income certificate below Rs.4,000 per month income or a Below Poverty Line (BPL) card -- Devi does not possess either.

She said her condition was continuing to deteriorate each day and she needed immediate surgery.