Medical Attention and Medical Services Is the Need of the Hour; Telangana High Court Says State Cannot Prevent Ambulances from Entering Telangana
(Judicial Quest News Network)
Telangana High on Friday stayed the Guidelines issued by the State Government prohibiting inter State Travel of Ambulances carrying patients from the neighbouring Andhra Pradesh.
It is stated in the order that no state action can be validated that results in avoiding or delaying the access of medical assistance to patients in dire need of the treatment.
The Telangana Government had issued a Guide line on 11 May to impose restrictions on the entry of patients from across State Borders into Telangana amid COVID-19 pandemic.
A Division bench comprising of Chief Justice Hima Kohli and Justice B.Vijaysen Reddy issued two orders to this effect.
In the orders the court observed that such restrictions would amount to violation of fundamental rights enshrined under Article 15 (prohibition of discrimination0, 19(1)(d) (freedom of movement) and 21 (right to life and personal liberty) of the Indian Constitution.
travel of ambulances carrying COVID-I9 patients from the neighbouring
States for hospitalization in the State of Telangana or insisting upon persons applying in the prescribed format to the control room set up for tying up with hospitals in Telangana for purposes of COVID admissions. It is however clarified that if any patient and/or his attendant of his own free will and volition and for his own convenience opts to approach the control room set up b.”” the respondents No. l and 2 so as to tie up with a hospital situated in Telangana for COVID-19 admission, the said control room can renter appropriate assistance to the patient/attendant. But no authorization from the by this
No State action can be validated that results in avoiding or delaying access to medical assistance when a patient is in a dire need of such a
faulted for taking the same route.
Further observing the State Government is under an obligation to take steps for preserving life “instead of creating impediments to access medical services and health facilities the court stayed the operation of the said guide lines.
We are the Prime-Facie view of that the impugned guidelines issued by the respondents NO.1 and 2/State Government will result in creating obstacles for COVID-19, patients belonging to other states, entering the State of Telangana for hospitalization.
A PIL was filed by Garimella Venkata Krishna Rao, a former IRS Officer, Challenging the actions of the State government by stopping ambulance vehicles at the State border as being violative of Art.21 of the Constitution of India and also the national Disaster management Act.
The petition high lights media reports showing that State Government was restricting the entry of ambulances plying from State of Andhra Pradesh into Telangana at the border. The attention of this court has also been drawn to several reports in the print and electronic media regarding mandatory authorization ltrr entry ol’COVID-19 patients from other States into the State of Telangana for hospitalization purposes. It is submitted that despite orders passed by this court, teams of Police Officers along with the staff of the Medical and Revenue Departments are continuing to check the vehicles crossing over liom the neighbouring States into the State of Telangana, for admission in hospitals. Further, learned Senior Advocate has alluded to the detailed order passed by the Supreme Court on 30.04.2021, in Suo Motu Writ Petition (Civil)
The court has further observed that We may note that some of the issues highlighted by the Supreme Court and required to be taken into consideration by the Central Government uhile framing the National Policy for Admissions in Hospitals have been spelt out in paragraph 23 of the said order. A glance at the said issues includes issues relating to patients being refused services based on arbitrary factors, as for example, refusal by hospitals in a particular cif”v to take in patients who do not arrive in Government run ambulances or refusal to admit individuals x’ho cannot produce a valid Identity Card showing that they belong to a particular city where the hospital is located, Taking judicial notice of the overstretch services and facilities offered by hospitals during the sccond uavc of thc COVID-19 pandemic and the deficiencies in the rural health infrastructure, the Supreme Court has observed in clear terms that no hospital should be allowed to deny entry to any person solely based on his/her residential status. Declaring that admissions to hospitals must be based on need, the Central Government h:rs been directed to formulate guidelines in consultation rvith .+
the respective State Governments on the stage at which hospitalization s required so as to ensure that scarce hospital beds are not occupied by persons who do not need hospitalization?
During the Course of hearing Advocate Srinivas Dammalapati submitted that the action is of the State is nothing but an illegal attempt to prohibit inter state travel of ambulances and patients thereby violating Article 19 and 21 of the Constitution.
The Court has also observed that we are of the view that guidelines impose an unreasonable restriction on residents of other states looking for admission in hospitals in the state of Telangana for COVID-19 treatment.
The Court added that the Constitution of India Contemplates a welfare state both at the federal and the sate level. No state act which results in delaying access t medical assistance when a patient is in dire need of such a treatment can be validated, the Court said.
The also referred to the Supreme Court’s April, 30 direction that no hospital should be allowed to deny entry to any person only based on her/his residential status.
It was also mentioned that on May, 8 the Central government had passed an order in compliance with the Supreme Court’s April, 30 direction.
The Telangana Government was also cautioned not to issue any other guidelines or orders which may circumvent the High Court order or put fetters on the inter-state travel of ambulances carrying COVID-19 patients from neighbouring States. All the same the Court clarified that people may voluntarily apply to the Telangana government’s control; room if they wish to do so. transport migrant workers back home.
The Court has also directed the state to reach out to the Railways department and arrange for emergency trains.
The deficit in the supply of allocated 02 by the Central Government to
the State, remains unanswered. Central Government shall file an affidavit explaining how the deficit in the allocated supply of 02 has been made good for the State and if not, then the same shall be made good in the next two days. Further, keeping in mind the fact that the third wave of the COVID-19 infection has been predicted, both the State and the Central Government shall file Status Reports explaining their plan of action and the manner in rvhich they propose to implement the order dated 30.0,1.2021 passed by the Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2021 to ensure augmentation of the supply of medical oxygen to this State. The State Government is directed to file a copy of the Government Order indicating the schedule of prices fixed for treatment of COVID-19 patients admitted in Government antl private hospitals, the aspect relating to capping of prices for engaging ambulances, for conducting investigation of the infection through blood tests, CT Scans etc and for purchase of essential items including lifesaving, PPE kits, masks etc. The State shall also explain as to
the provisions of the Essential Commodities Act’ 1955 and the Drugs and lifesaving drugs etc.
