A government hospital refused to give my father emergency treatment because we could not pay a deposit. Is this a violation of his right to health?
SW Asked by Swati Kulkarni from India
Quick Answer
Yes, this is a violation of the right to health, which the Supreme Court has held is part of the right to life under Article 21 of the Constitution.
Detailed Legal Analysis
Yes, this is a violation of the right to health, which the Supreme Court has held is part of the right to life under Article 21 of the Constitution. In the landmark case of Paschim Banga Khet Mazdoor Samity v.
State of West Bengal, the Supreme Court directed that failure to provide timely medical treatment to a person in need is a violation of Article 21. Government hospitals cannot deny emergency treatment on the grounds of inability to pay, and doing so is actionable.
File a complaint with the State Health Department and the State Consumer Disputes Redressal Commission for deficiency of service under the Consumer Protection Act, 2019. You can also file a writ petition under Article 226 in the High Court seeking compensation for the violation of his fundamental right to health.
Preserve the denial letter, admission records, and medical reports as evidence.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.