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2025 Supreme(Jhk) 2126
IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, C.J., RAJESH SHANKAR, J.
Court on its Own Motion – Appellant
Versus
The State of Jharkhand through the Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi - Respondents
W.P.(PIL) No. 4312 of 2025
Decided On : 01-09-2025
Advocate Appeared:
For the Respondents: Mr. Rajeev Ranjan, Mr. Piyush Chitresh, A.C. to A.G.
State's obligation under Article 21 includes ensuring unhindered access to medical facilities as part of the right to life and health.
Headnote:(A) Constitution of India - Article 21 - Public Interest Litigation concerning access to medical facilities and right to life - Pregnant woman faced difficulties accessing maternity ward due to improper parking outside hospital - State's obligation to ensure unhindered access highlighted. (Paras 10, 11)
(B) Welfare State - Primary duty of Government to provide adequate medical facilities marks an obligation to secure the right to life. (Para 10)
Facts of the case:
The case arose from an incident where a pregnant woman had to walk approximately 400 meters to reach the maternity ward due to vehicles blocking access at Sadar Hospital, Ranchi, reported in mass media on 08.08.2025.
Findings of Court:
The court directed immediate measures to ensure proper traffic management and a prohibition on illegal parking outside the hospital to prevent hindrance on medical access.
Issues: The main questions addressed included the legal responsibility of hospital and traffic authorities for ensuring free access to medical facilities.
Ratio Decidendi: The court emphasized that the State has a constitutional obligation under Article 21 to provide unhindered access to healthcare facilities and to protect the right to life.
Result: Writ petition is disposed of with directions.
| Table of Content |
|---|
| 1. initiation of pil based on press report. (Para 1) |
| 2. conflicting accounts of event from affidavit. (Para 4 , 5 , 6 , 7) |
| 3. joint responsibility for patient access. (Para 8 , 9) |
| 4. state's obligation to provide access to healthcare. (Para 10 , 11) |
| 5. directives to prevent future incidents. (Para 12 , 13) |
JUDGMENT :
RAJESH SHANKAR, J.
1. The present Public Interest Litigation was initiated suo-moto on the basis of news report published in Hindi Daily “Dainik Bhaskar” on 08.08.2025. As per the said news report, a pregnant lady had to get down from the ambulance at the main gate of Sadar Hospital, Ranchi and to walk down about 400 meters therefrom to reach the maternity ward via emergency gate of the hospital as several vehicles were parked on both flanks from the main gate to the emergency gate of the said hospital.
2. Considering the nature of the issue involved in the present case, let “the State of Jharkhand through the Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi, the Senior Superintendent of Police, Ranchi, the Superintendent of Police, Traffic, Ranchi and the Civil Surgeon-cum-Chief Medical Officer, Ranchi” be impleaded as the respondents in this case.
3. Office is directed to do the needful.
4. Vide order dated 11.08.2025, the State was granted three weeks’ time to file counter affidavit. In compliance of the said order, two counter affidavits both dated 26.08.2025 have been filed, one by the Senior Deputy Superintendent of Police, Traffic-1, Ranchi and another by the Civil Surgeon, Ranchi.
5. The counter affidavit filed on behalf of the Senior Deputy Superintendent of Police, Traffic-1, Ranchi refers to a report submitted by the said deponent before the Senior Superintendent of Police, Ranchi vide letter dated 23.08.2025. The Senior Deputy Superintendent of Police, Traffic-1, Ranchi had conducted an enquiry along with the Officer-in-Charge, Traffic P.S., Daily Market, Ranchi. As per the said report, the ambulance in question was visible in the CCTV footage while entering the main gate of the Sadar Hospital, Ranchi through Sarjana Chowk between 14:05:20 and 14:06:15 and there was no obstacle due to any traffic jam on the road. In fact, the said incident occurred inside the Sadar Hospital premises for which the management of Sadar Hospital was responsible.
6. It has also been stated that so far as the traffic management between Sarjana Chowk-Sadar Hospital-Mission Chowk is concerned, “Motorcycle Abhiyan Dasta” has been deployed for smooth traffic in the said area. It has further been stated in the said report that as per the statement of lady Sahiya belonging to ‘ITI Bajra, River Tola’ namely Kanaklata, she came with the pregnant lady to the Sadar Hospital, Ranchi by a government ambulance, however after entering the said hospital, the ambulance could not move further as huge number of vehicles were parked there. Thereafter, driver of the ambulance went to bring a wheelchair and meanwhile the pregnant lady with the help of her husband and the said Sahiya, started moving slowly towards emergency gate of the hospital. She was thereafter admitted in the maternity ward of the said hospital and then gave birth of a girl child who is safe.
7. The statements made in the counter affidavit filed on behalf of the Civil Surgeon, Ranchi are contrary to what has been stated in the affidavit of Senior Deputy Superintendent of Police, Traffic-1, Ranchi as it has been alleged in the affidavit of the Civil Surgeon, Ranchi that the ambulance carrying the pregnant lady was stopped approximately 15-20 meters away from the Sadar Hospital building due to congestion of traffic as the main gate of Sadar Hospital, Ranchi, which is opposite ‘St. Xavier’s College, Ranchi’ used to be always crowded due to parking of auto-rickshaws etc. The impediment in arrival of the concerned patient’s ambulance at the emergency gate of the Sadar Hospital is attributable to the parking of auto-r
