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N. KOTISWAR SINGH, SURYA KANT
State Of Uttarakhand – Appellant
Versus
Deepak Ruwali – Respondent
| Table of Content |
|---|
| 1. consideration of medical facilities needed. (Para 2) |
| 2. directions for establishing medical infrastructure. (Para 3) |
| 3. state's argument on existing nearby facilities. (Para 4) |
| 4. constitutional obligation to provide healthcare. (Para 5) |
| 5. modification of high court judgment. (Para 6) |
ORDER :
1. Leave granted.
2. The issue that arose for consideration of the High Court in a Writ Petition purportedly filed in public interest by respondent No.1, was whether requisite medical facilities are being provided to the people living in and around Bhowali town, which is near Nainital.
3. The impugned judgment of the High Court reveals that an Expert Committee was constituted. Based upon the recommendations of that Committee for setting up a multi-speciality hospital at Bhowali, the High Court has issued the following directions:
B. The State Govt. is directed to construct the new buildings for Multi-Speciality
The provision of basic medical facilities is a fundamental right under Article 21, necessitating state responsibility to ensure accessible and adequate healthcare infrastructure.
The court reaffirmed that the right to health is a fundamental right under the Constitution, obligating the state to provide adequate medical facilities, particularly for underprivileged citizens.
State hospitals must provide timely medical treatment; failure constitutes a breach of the right to life under Article 21.
The duty of the State to improve public health and the interplay between fundamental rights and directive principles in ensuring affordable public health services.
The right to health under Article 21 mandates timely completion of healthcare facilities, especially during a pandemic.
The obligation of the State to provide adequate maternal healthcare is fundamental under Art.21 of the Constitution.
The main legal point established is the deference to the policy decision of the State Government in selecting the location for the District Hospital, considering the public interest and compliance wi....
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