Team  SoOLEGAL

Separate petitions filed in the Delhi HC challenging the Delhi Government's order restricting treatment in Delhi hospitals to residents only

Team SoOLEGAL 9 Jun 2020 3:06pm

Separate petitions filed in the Delhi HC challenging the Delhi Government's order restricting  treatment in Delhi hospitals to residents only

NEW DELHI: Four separate petitions have been filed at the Delhi High Court challenging the Delhi Government's order that all state-run and even private hospitals would allow only "bonafide" residents of the national capital to be treated.

 

The first petition was filed by Gautam Kumar, a lawyer who has been a permanent resident of Bihar and who has been living in the State of Delhi since 2015. The second petitioner Gaurav Sarkar is a permanent resident of Uttar Pradesh and a law student at Delhi University, who has been living in the State of Delhi since 2017.

 

According to the petition, the impugned order violates Article 14 & 15 of the Constitution of India, as it considers a person living in the NCT of Delhi who does not have a legitimate proof of residency. The order is also in violation of Article 21 of the Constitution of India, as it guarantees the protection of life and personal liberty to every citizen, and the impugned notification, in its present nature, brings into question the very basis of the sustainability of the individual's existence.

 

According to the petition, the government's order is arbitrary and will adversely affect people, including petitioners. The order also provided an exhaustive list of valid proof of residence required for the treatment of individuals suffering from COVID-19, and although both petitioners have had no such evidence of residence in the State of Delhi.

 

The two separate petitions filed by the Advocate Abhay Gupta and Prasant Arora and Vineet Kumar Wadhwa through  Advocate Praveen Chauhan.

 

According to the petitioners, the Government's step to identify patients as residents and non-residents of Delhi is arbitrary, unlawful, unconstitutional and ultra vires. It is contrary to the statutory duties placed on the State. The petition further added that the right to health is a fundamental right which can be abridged only in a manner known to the statute, as these rights are sacrosanct which holy and cannot be taken away from people.

 



Tagged: Delhi HC   Delhi Government   Delhi hospitals   Article 21   Constitution of India   COVID-19  
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