Back
2025 Supreme(Online)(Del) 6865
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
MS. J. MUTHULAKSHMI – Appellant
Versus
UNION OF INDIA THROUGH SECRETARY MINISTRY OF FAMILY AND HEALTH WELFARE & ORS. – Respondent
W.P.(C) 14055/2025
For the Appellants/Petitioners: Mr. S. Rajappa, Mr. R. Gowrishankar, Ms. G. Dhivyasri
For the Respondents: Ms. Avshreya Pratap Singh Rudy, Ms. Usha Jamnal, Ms. Harshita Chaturvedi, Mr. Mohammad Junaid Mahmood, Mr. Satya Ranjan Swain
Emergency medical treatment should be facilitated irrespective of financial constraints to protect the health of vulnerable individuals.
Headnote:(A) Constitution of India, 1950 - Article 226 - Medical treatment - Direction for immediate admission to high specialty hospitals without financial imposition - The court acknowledged the grave medical condition of the petitioner and facilitated critical treatment based on parens patriae jurisdiction and previous case law. (Paras 1, 5, 6, 11)
(B) Emergency healthcare access - The court asserted that treatment should not be hindered by financial constraints - Directions given for immediate and necessary medical care to the petitioner, prioritizing health over payment issues. (Paras 2, 3, 4, 5)
Facts of the case:
The petitioner, suffering from a life-threatening condition, sought immediate medical treatment without financial burden due to her father's inability to pay the demanded hospital fees.
Findings of Court:
The court ensured the petitioner would receive treatment without payment until the next hearing, endorsing her admission based on her critical condition.
Issues: The court addressed the timely provision of medical care against financial capabilities.
Ratio Decidendi: The ruling emphasized the necessity of access to medical treatment irrespective of financial considerations, stemming from the principle of protecting vulnerable patients' rights.
Result: Directions issued to provide urgent medical care to the petitioner.
| Table of Content |
|---|
| 1. right to emergency medical treatment transcends financial obligations. (Para 1 , 2 , 3) |
| 2. court's jurisdiction allows for immediate health interventions. (Para 4 , 5 , 6) |
| 3. healthcare provision must be prioritized over payment discussions. (Para 7 , 8 , 9) |
O R D E R
% 11.09.2025
1. The present writ petition has been filed under Article 226 of the Constitution of India , 1950 seeking a direction to the respondents to provide medical treatment to the petitioner in any of the high speciality hospitals in Delhi such as AIIMS, Safdarjung Hospital, or G.B. Pant Hospital etc., since it is alleged that the respondent no.3/Max Super Speciality Hospital (hereinafter referred to as ‘respondent no.3’) is demanding huge amounts for providing such treatment.
2. It is stated by Mr. Rajappa, learned counsel for the petitioner that the father of the petitioner is financially incapable of depositing the alleged huge amounts being demanded by respondent no.3 for the treatment provided to the petitioner.
W.P.(C) 14055/2025 Page 1 of 5
3. It is also submitted that the petitioner is suffering from Metabolic Encephalopathy. It is stated that the said ailment is a condition caused by the underlying systemic illnesses or chemical imbalances in the body, rather than a structural brain problem and which can range from confusion to coma and is caused by organ failure (liver and kidney). Mr. Rajappa submits that the ailment that the petitioner is suffering from is of such a critical nature that every minute passing can become fatal. He also submits that the petitioner is right now on the ventilator in the emergency ward of the respondent no.3 since yesterday.
4. After having heard Mr. Rajappa, this Court thought it appropriate to request learned counsel appearing for the respondents as also Mr. Satya Ranjan Swain, learned counsel who appears for the All India Institute of Medical Sciences and submits that the Authorities would abide by the orders passed by this Court.
5. Keeping in view the fact that this Court is also exercising a parens patriae jurisdiction and in view of the recent order dated 29.08.2025 passed by the learned Division Bench of this Court in W.P.(C) 13274/2025 titled “ Courts on its own motion Vs. Union of India and Ors. ”, it would be in the interest of the health of the petitioner as also in exercise of parens patriae jurisdiction that the petitioner be admitted to a hospital where her critical medical ailment can be taken care of without having regard to the financial implication upon the father of the petitioner. The relevant portion of the said order is extracted hereunder:
“8. However, it is directed that the child shall be considered in the Economically Weaker Section (hereinafter, ‘EWS’) category by the said hospital and no payments shall be demanded from the parents of the child till the next date of hearing.
W.P.(C) 14055/2025 Page 2 of 5
9. Issue notice to Shree Aggrasain International Hospital, PSP, Sector-22, Rohini, New Delhi. The Registry is directed to serve notice of this order to the hospital.
10. On the next date of hearing, Shree Aggrasain International Hospital may make any submissions in the matter, if they wish to do so. However, it is clarified that no payment shall be demanded from the parents of the child till the next date of hearing and the treatment, as is being currently given, and any other necessary treatment, as required by the child for his recovery shall be continued by the hospital. The hospital shall ensure that proper and adequate treatment is provided to the child.”
6. Keeping in view the aforesaid facts and the emergent situation that the petitioner is facing in that every passing minute may become fatal to her survival, this Court under its plenary jurisdiction deems it appropriate to pass a direction directing Medical Superintendent of All India Institute of Medical Sciences to admit the petitioner as and when the petitioner is brought to the hospital and to provide all and every emerge
