Discrimination in government hospitals unconstitutional: HC

CHENNAI: The Madras High Court recently said that discrimination in treating patients at any government hospital across the State is impermissible and such an act is unconstitutional.

Hearing a petition filed by K Mubeena Banu, Justice SM Subramaniam said, “The right to life includes the right to avail decent medical treatment and there can be no discrimination in treating patients in any of the government hospitals.”

He directed the Principal Secretary, Health and Family Welfare department, to provide continuous treatment to the child by following medical protocol and extending the best medical facilities available.

“Any discrimination in treating patients in government hospitals would violate the right to life under Article 21 of the Constitution of India. All patients are to be treated equally and equal medical facilities are to be ensured to patients in government hospitals,” the court observed, while refusing to grant Rs 25 lakh as compensation to a petitioner who claimed that her son had been suffering from an ailment due to negligence of a Primary Health Centre (PHC) in New Washermenpet.

The plea was disposed of, after the court noted that there were disputed facts involved in the case which the High Court could not delve into under Article 226 of the Constitution. Hence, the court opined that Banu could not expect anything more from GHs, where a large number of patients were treated free of cost.

The petitioner moved the High Court alleging that the PHC had failed to perform a mandatory anomaly scan when she was pregnant with her second child.