In a remarkable turn of events, the Chhattisgarh High Court has initiated suo moto proceedings following a disturbing news report published in the Haribhoomi Newspaper, Bilaspur edition. The court, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, took immediate cognizance of the matter, which highlights a tragic case of medical negligence. The article, titled “तड़पते बेटे को देख पिता ने की इलाज की फरियाद, डॉक्टर ने बिना इलाज के भेज दिया CIMS” (translated as “Father pleaded for his son’s treatment, doctor referred to CIMS without treatment”), described the harrowing experience of a father who struggled to get medical attention for his severely injured son, only to be denied proper care.
Background of the Case
The case revolves around an incident in which an accident victim was brought to a medical facility by his father. Despite the urgency of the situation, the hospital in question allegedly did not provide immediate medical assistance. Instead, the injured person was referred to Chhattisgarh Institute of Medical Sciences (CIMS), Bilaspur, without receiving necessary preliminary care. The delay in treatment, as reported, aggravated the family’s plight, leading to widespread public concern about the state of healthcare services in the region.
This alarming report captured the attention of the court, prompting it to intervene in the interest of public welfare. The suo moto Public Interest Litigation (WPPIL No. 80 of 2024) aims to address the critical issue of medical negligence and the broader concerns surrounding healthcare infrastructure.
Legal Issues Involved
The key legal issue at the heart of the case is the alleged violation of fundamental rights guaranteed under the Constitution of India. The failure to provide timely medical treatment may infringe upon the right to life under Article 21, which has been interpreted by courts to encompass the right to healthcare. Additionally, the case raises concerns about the accountability of medical professionals and hospitals in ensuring timely and effective medical care, a fundamental aspect of public health services.
Another pertinent issue is the responsibility of the state in providing adequate healthcare facilities to its citizens. The court’s intervention highlights the need to evaluate the efficacy of the healthcare system in Chhattisgarh, particularly in rural and semi-urban areas where access to medical services is often limited.
Court Proceedings and Decision
During the hearing on October 1, 2024, Advocate General Prafull N. Bharat, representing the State of Chhattisgarh, appeared alongside Deputy Advocate General Shashank Thakur. The Advocate General sought time to gather instructions and respond to the concerns raised by the court.
The court, while expressing its concern over the reported incident, made a significant observation: “In matters of life and death, the delay in treatment is nothing short of a violation of fundamental rights. It is imperative that the state ensures prompt and effective medical care to all citizens, irrespective of location or financial status.”
The bench further directed the state government to submit a detailed report regarding the incident, along with measures being taken to prevent such occurrences in the future. The case has been listed for further hearing on October 4, 2024.
Case Details
– Petitioner: Suo Moto Public Interest Litigation
– Bench: Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru
– Respondent: State of Chhattisgarh
– Advocate General: Mr. Prafull N. Bharat
– Deputy Advocate General: Mr. Shashank Thakur
– Case Number: WPPIL No. 80 of 2024
