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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Court on its Own Motion – Appellant
Versus
State of Jharkhand through the Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand, Ranchi – Respondent
| 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, Ran
State's obligation under Article 21 includes ensuring unhindered access to medical facilities as part of the right to life and health.
State hospitals must provide timely medical treatment; failure constitutes a breach of the right to life under Article 21.
Absence of doctor in government Primary Health Centre during labour, coupled with nurses leaving patient unattended before delayed referral, constitutes institutional negligence violating right to li....
The State and its medical facilities must ensure timely and adequate care; failure constitutes gross medical negligence resulting in liability for compensation.
The obligation of the state to secure the welfare of its citizens, including providing adequate medical facilities, and the right to life, encompassing the right to good health, were the central lega....
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