Lawstreet Journal

State Can’t Use Excuse of Medical Emergency to Deny Rights Under Art 21: Telangana HC [READ ORDER]

Lawstreet Journal 24 May 2020 6:02pm

Image courtesy: Lawstreet Journal Judiciary State Can’t Use Excuse of Medical Emergency to Deny Rights Under Art 21: Telangana HC [READ ORDER]

In the case of Ganta Jai Kumar v. the State of Telangana while disposing of PIL on May 20, 2020, division bench of Telangana HC comprising Justices M. S. Ramachandra Rao and K. Lakshman held that under the guise of taking steps to prevent the spread of the Pandemic, the State can’t restrict the liberty and freedom of a citizen to choose his own doctor and hospital and force him to take a test for COVID-19 infection or treatment from Government sources.

Background of the case: 

PIL was filed to declare the action of the State of Telangana and other respondents in not permitting the “private hospitals” and “diagnostic centers” which are equipped with the necessary equipment and personnel and willing to conduct diagnostic tests for COVID-19 virus and to admit patients for isolation and treatment of COVID-19 virus was arbitrary, illegal and without power and also direct the respondents to permit the same. 

Initially, the Government had permitted all private hospitals to deal with COVID-19 cases from 21.3.2020 till 11.4.2020 but the District Medical and Health Officer, Hyderabad, in his first order dt.11.4.2020, while permitting the private hospitals to deal with COVID-19 cases had introduced a prohibition against them from dealing with ordinary elective procedures and surgeries so that the entire attention could be diverted towards treating the COVID-19 patients even by private hospitals. However subsequently by another order dt.11.4.2020, on the same day, the District Medical and Health Officer, Hyderabad had canceled the earlier order issued on the same day. The… Continue Reading...


Tagged: Medical Negligence  
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