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.

ORDER :

M.S.RAMESH, J.

In both these Public Interest Litigations, the core issue that requires to be addressed is with regard to the absence of guidelines in respect of the standards of medical and infrastructural facilities to be made available in all the Government Hospitals in the State of Tamil Nadu in general and for establishment of Bone Marrow Transplantation (BMT) facilities in the Government Hospitals in particular. Hence, a common order is passed.

2. The case revolves around the basic fact that apart from the Rajiv Gandhi General Hospital, Chennai (RGGH) and Institute of Child Health and Hospital for Children, Egmore (ICHHC), no other Government Hospital has the facility of free BMT services in the State of Tamil Nadu. It is also brought to our attention that the Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER) extends BMT services at Puducherry.

3. According to both the learned counsels appearing on behalf of the petitioners, BMT surgery is an important procedure for treatment of rare medical conditions, which procedure involves huge expenditure in a Private Hospital, which the rich and affluent alone can afford. Since these facilities were not available anywhere else in the State of Tamil Nadu except Chennai, the patients in and around the District of Madurai are put to great hardship and therefore seeks for a direction to the Government to establish the facility of BMT in the Government Rajaji Hospital, Madurai, as well as other Government Hospitals.

4. The learned Additional Advocate General placed reliance on the status report filed by the Directorate of Medical Education, Chennai and submitted that the total estimation cost for Civil Structure, Equipment, Staff Sanctioning would be Rs.13,52,76,000/- and the Annual Expenditure for the medical and non-medical staff would be an additional sum of Rs.3,63,76,000/-. He further submitted that the total cost of the equipments for Oncopathology and Blood Bank, Transplant Unit and Transplant Room would be Rs.4,99,00,000/-. He also added that the Medical Officers in the rank of Professor from the Government Medical College, Dindigul and two Associate Professors from Madurai Medical College have been deputed to undergo Bone Marrow Training Programme at ICHHC, Chennai. However, the learned Additional Advocate General submitted that the estimated cost for the proposal for Civil Structure, Equipment and Human Resource for establishment of BMT at Government Rajaji Hospital, Madurai is subject to the approval of the Government. He would further submit that they were not in a position to give a probable time limit for such establishment of the facility, since it involves the policy decision of the Government.

5. We have given our anxious consideration to the submissions made by the respective counsels.

6. Before addressing the response of the Government to the issue involved in these Public Interest Litigations, we find it relevant to address the importance of the medical procedure of a BMT.

7. A BMT, also known as a stem cell transplant, is a medical procedure that replaces damaged or diseased bone marrow with healthy blood forming stem cells. This treatment is crucial for patients whose bone marrow is not producing sufficient healthy blood cells due to conditions such as Leukaemia, Lymphoma, Aplastic anaemia or certain genetic disorders. By restoring healthy bone marrow, BMT can re- establish normal blood cell production and impress immune system function. The procedure involved in conducting BMT includes pre- transplant evaluation, chemotherapy/radiation therapy, stem cell infusion and monitoring of post transplant