The Delhi High Court has ruled that denial of timely medical treatment by government hospitals constitutes a violation of the fundamental right to life under Article 21 of the Constitution of India, directing the Delhi government to reimburse ₹12,000 to a minor who was refused care.
Court Directs Payment Within Two Months
Justice Purushaindra Kumar Kaurav ordered the government to release the reimbursement within two months. The Court also granted the petitioner the liberty to pursue a separate civil suit for additional compensation, if required.
Minor Denied Treatment at Two Government Hospitals
The case involved a minor student who suffered a fracture in his left arm while playing at a government school. He was first taken to Dr. Hedgewar Aarogya Sansthan, where treatment could not be provided due to a lack of basic medical supplies.
He was then taken to Chacha Nehru Bal Chikitsalaya, but was allegedly denied treatment again as no doctor was available at the time.
Forced to Seek Private Treatment
Following refusal at both government facilities, the petitioner sought treatment at a private hospital, incurring expenses of approximately ₹14,000. The Court noted that authorities admitted the child had visited both hospitals and was not treated, leaving the facts undisputed.
Supreme Court Precedent Reinforced
While delivering the judgment, the High Court relied on the landmark ruling in Paschim Banga Khet Mazdoor Samity vs State of West Bengal. The precedent establishes that timely medical care is a constitutional obligation of the State.
The Court reiterated that any failure to provide such care directly infringes upon the right to life guaranteed under Article 21.
Compensation Limited, Civil Suit Option Open
Although the Court allowed reimbursement of medical expenses, it clarified that claims for further compensation would need to be adjudicated through a separate civil suit, especially in cases involving disputed facts.
Accountability of Public Healthcare Under Scrutiny
This ruling once again highlights systemic gaps in public healthcare infrastructure and reinforces the legal responsibility of the State to ensure accessible and timely medical services for all citizens.
