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In a one-of-its-kind order, directing the Government Counsel to take a pregnant woman to the hospital, the Punjab and Haryana High Court observed that denial of treatment by a Government medical facility to a patient on ground of place of residence is violation of the right to life and liberty.

A single judge bench of Justice Rajbir Sehrawat also asked the Government counsel to ensure that necessary treatment of the pregnant women is started with immediate effect.

Court further directed the Government hospital to provide necessary medical treatment/advice to the woman, in the normal course, as and when she approaches the hospital.

The bench was hearing a petition filed by a pregnant woman who had been denied admission in Government Multi Speciality Hospital- 16 (GMSH-16), Chandigarh on the ground that she is a resident of Punjab and the patients from outside Chandigarh cannot get treatment in GMSH-16 Chandigarh.

Advocate Ashdeep Singh appearing for the pregnant women argued that there is no such law under which the Government Hospitals in the Union Territory (UT) could have denied the facility of treatment to the woman, in the normal course, only on the ground that she was not a resident of the UT Chandigarh.

Assistant Government Pleader Aditya Pal Singla was also unable to point out any law which entitles the hospital to drive out the patients by denying them medical treatment only because of them not being residents of UT Chandigarh.

Therefore, delivering the verdict in woman's favor, court observed that "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," Court added.

Case Title: Arti Devi Vs. UT Chandigarh & others