Lawstreet Journal

“Dealing Access to Medical Assistance Violates Article 21, 19 (1)(d)”: Telangana High Court Stays Govt. Guidelines Prohibiting Inter-State Travel of Ambulances, Patients [READ ORDER]

Lawstreet Journal 17 May 2021 9:02pm

Image courtesy: Lawstreet Journal Judiciary “Dealing Access to Medical Assistance Violates Article 21, 19 (1)(d)”: Telangana High Court Stays Govt. Guidelines Prohibiting Inter-State Travel of Ambulances, Patients [READ ORDER]

Observing that no state action can be validated that results in avoiding or dealing the access of medical assistance to patients in dire need of treatment, the Telangana High Court on May 14th 2021 stayed the guidelines issued by the state government prohibiting interstate travel of ambulances and patients.

The guidelines issued by the state government on May 11th 2021 commanded that the patients who are a part of the other states are required to apply in a prescribed format to a control room set up by the government and they are prohibited from entering the state for hospitalization do the time the theme is issued authorization.

“No state action can be validated that results in avoiding or dealing access to medical assistance when a patient is in a dire need of such a treatment. This would amount to violating the sacrosanct right to life guaranteed under Article 21 of the constitution and operate as a fetter on the right of a citizen of this country to move freely throughout the territory of India as enshrined in article 19 (1)(d) of the constitution of India”, observed the division bench chaired by Chief Justice Hima Kohli and Justice B. Vijaysen Reddy. 

The division bench also observed that “we are of the prima facie view that the impugned guidelines issued by the respondents No. 1 and 2/ state government will result in creating obstacles for Covid 19 patients belonging to other states, entering the state of Telangana for hospitalization.

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Tagged: Telangana High Court  
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