Lawstreet Journal

"Gross Violation of Cooperative Federalism”: PIL In SC Against Delhi Govt Order to Restrict COVID-19 Medical Facilities For Delhi Residents [READ PETITION]

Lawstreet Journal 10 Jun 2020 12:58am

Image courtesy: Lawstreet Journal Judiciary "Gross Violation of Cooperative Federalism”: PIL In SC Against Delhi Govt Order to Restrict COVID-19 Medical Facilities For Delhi Residents [READ PETITION]

A Public Interest Litigation has been filed in the Supreme Court of India on June 08, 2020, challenging the AAP led Delhi government's notification directing private hospitals in Delhi to admit only bona fide residents of NCT of Delhi for treatment amid the COVID-19 pandemic. The PIL has been filed by Sarthak Chaturvedi, Advocate through Advocate on Record Namit Saxena. They have termed notification as "arbitrary, devoid of merits, unjust, unfair and unreasonable and deserves to be quashed for violating Article 14, 15, 19 and 21 of the Constitution."

Grounds raised in the petition:

  1. The expression 'residents of Delhi' is vague and arbitrary. Furthermore, the qualification added to being a bona fide resident is even more arbitrary and without any rationale.
  2. The order/notification deprives the rights of entire citizens from health care and medical treatment.
  3. The notification violative of Article 14 of the constitution by depriving equal protection of laws, it also violates Article 21 of the Constitution by taking away a vital right of subjecting oneself to medical treatment of choice and health care.
  4. The Constitution incorporates provisions guaranteeing everyone’s right to the highest attainable standard of physical and mental health. Article 21 of the Constitution guarantees protection of life and personal liberty to every citizen. The Supreme Court has held that the right to live with human dignity, enshrined in Article 21, derives from the directive principles of state policy and therefore includes the protection of health. Further, it has also been held that the right to health is integral to the right to life and the government… Continue Reading...

    Tagged: Corona Updates  
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