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SANJAY KAROL, P. B. BAJANTHRI
Amit Kumar Agarwal, S/o Sri Mohan Lal Agarwal – Appellant
Versus
Union of India through the Secretary, Ministry of Health and Family Welfare – Respondent
JUDGMENT :
Sanjay Karol, J.
Following issues arise for consideration in the present petition:-
available all facilities, including blood, to patients who have the disability of Thalassemia?
2. Is the refusal of blood on account of unavailability to patients suffering from Thalassemia a ground available to the State?
3. Is the State obligated to pay compensation to the families of the patients suffering from Thalassemia who died due to the non-availability of adequate medical facilities?
2. The petitioners in the present case are all individuals directly or indirectly affected by Thalassemia, and they are all committed to working to better the people suffering from this disease. Allegedly, in light of the COVID-19 pandemic and the condition of patients suffering from Thalassemia in the State of Bihar has become increasingly critical with an apparent rise in fatalities with each passing day. This can be attributed to a shortage of blood and a lack of arrangements for proper treatment. Numerous reports published in National Dailies and online portals have reported on the sad state of affairs.
3. The petitioners have cited seven real-life insta
Facilities for treatment of rare diseases would not be in place in the State in the near future without judicial interference.
The right to health is an integral part of the right to life under Article 21 of the Constitution, and the Central and State Governments have a duty to protect the life of citizens, especially childr....
State hospitals must provide timely medical treatment; failure constitutes a breach of the right to life under Article 21.
Proper medical aid and adequate health care be provided at the Health Centres and hospitals irrespective of financial constraints to CKD patients and proper records of the treatment given, should be ....
The judgment establishes the obligation of the state to preserve the right to life and health, and emphasizes the need for effective implementation of welfare schemes to reduce infant and maternal mo....
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.
The obligation of the State to provide adequate medical services to the people, as established in Pt. Parmanand Katara v. Union of India and Paschim Banga Khet Mazdoor Samity v. State of West Bengal,....
The central legal point established in the judgment is the need to facilitate the conduct of clinical trials, streamline the manufacturing and trials process, and ensure the implementation of the Nat....
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