Paschim Banga Khet Mazdoor Samity v State of WB (1996)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

An injured worker was turned away by several government hospitals for lack of beds and facilities and had to be treated privately at his own cost.

Issue.

Does the denial of emergency medical treatment by government hospitals violate Article 21?

Held.

Yes. The right to health and emergency medical care is part of Article 21; a government hospital cannot refuse emergency treatment for want of facilities. Compensation was awarded and the State directed to improve emergency services.

Why it matters.

The leading authority on the State’s duty to provide emergency medical care — the answer to the recurring “no beds available” fact-pattern.

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