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2021 Supreme(Pat) 928

S.KUMAR
Shivani Kaushik – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
Ms. Shivani Kaushik, Mr. Mrigank Mauli, Dr. K.N.Singh, Mr. Anshuman Singh, Ms. Kanak Verma, Mr. Abhimanyu Singh, Sri S.N. Pathak, Mr. Vikas Singh, Sr. Advocate, Mr. Lalit Kishore, Mr. Anjani Kumar, Mr. S.D. Yadav, Mr. Alok Kumar Rahi, Mr. Anmol Chandan, Mrs. Binita Singh, Advocate, Mr. Shivender Kishore, Mr. S.D. Sanjay, Mr. P.K. Shahi, Mr. Prasoon Sinha, Mr. Bindhyachal Rai, Mr. Rabindra Kr. Priyadarshi, Mr. Rajiv Kumar Singh, Mr. Manish Kumar, Mr. Jitendra Kumar Bharti, Ms. Kanchan Jha, Mr. Rohit Kumar, Ms. Parul Prasad, Mr. Subhash Prasad Singh, Mr. Kumar Ravish, Advocate, Mr. Shivendra Kishore, Ms. Binita Singh, Ms. Parul Prasad, Mr. Sumeet Kumar Singh, Advocate, Mr. Nikhil Singh, Dr. K.N. Singh, Mr. Anshuman Singh, CGC, Mr. Binay Kumar Pandey, Mr. Lalit Kishore, Advocate

ORDER :

1. We have heard learned counsel for the parties at length.

2. We need not advert to the settled position of law that the right to health, including access to basic medical infrastructure, is a facet of Article 21 of the Constitution of India, which the State is duty-bound to provide.

3. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. The government hospitals run by the State and the medical officers employed therein are duty-bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in a violation of his right to life guaranteed under Article 21. [Paschim Banga Khet Mazdoor Samity v. State of W.B., (1996) 4 SCC 37]

4. The Hon'ble Apex Court in Union of India Versus Mool Chand Kharaiti Ram Trust, (2018) 8 SCC 321, reiterated the constitutional duty to develop "humanism" as envisaged under Article 51-A(h) applicable to the medical profession.

5. The Constitution Bench of the Hon'ble Apex Court in Common Cause (A Registered Society) Versus Union of

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