Hospital cannot deny treatment on ground of anyone's place of residence: High Court

Observing that denying treatment on that basis violates a person's right to life and liberty, the HC bench comprising of Justice Rajbir Sehrawat noted, "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 fundamental right of the petitioner. Denying her treatment on the above said ground also violates her the 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."

The High court's directions came after a patient who is in the five months of her pregnancy approached the court after allegedly being denied medical treatment at GMCH-16. The ground for denial was the fact that in GMCH-16, the patients from outside Chandigarh cannot get treatment.

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It was submitted by the counsel for the petitioner patient that being at the fifth month of her pregnancy, the patient needs medical treatment and health advices for the well-being of her fetus and for her own well-being as well.

For that purpose, the petitioner approached the treating hospital and got registered as a patient. However, subsequently, on 10.02.2022 the petitioner had been turned out from the hospital refusing her the treatment on the ground that she was not resident of UT Chandigarh.

The patient's counsel argued that there is no such law under which the Government Hospitals in UT could have denied the facility of treatment to the petitioner, in normal course, only on the ground that she was not resident of the UT Chandigarh.

On the other hand, the counsel for the UT Chandigarh could not point out any law which entitles the treating hospital for driving out patients by denying them the medical treatment only because they are not being resident of UT Chandigarh.

Taking note of this, the High Court bench observed, "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 fundamental right of the petitioner. Denying her treatment on the above said ground also violates her the 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."

"Accordingly, the present petition is 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," further read the order.

"The counsel for the UT Chandigarh is requested to take the petitioner today itself to the hospital and to ensure that the necessary treatment of the petitioner is started with immediate effect," directed the HC.