The High Court on Monday directed the government to improve medical care facilities in all the government run hospitals and take steps to decrease the infant mortality.
Disposing of a Public Interest Litigation(PIL), a division bench of Justice Ramalingam Sudhakar and Justice Ali Muhammad Magrey also said that in a welfare state the primary duty of the government is to provide adequate medical facilities to all its citizens.
“Providing proper health care facilities is an obligation of a welfare State as held by the Hon’ble Supreme Court in case PaschimBangaKhetMazdoorSamity v State of W B,” court said.
It, however said, there is no much scope for the court to issue directions as to how the issues should be addressed.
“These issues can be addressed by the experts like doctors and the department concerned and we hope that they do so”.
“While we show concern to the plea for the health care to children, it is incumbent upon the Government to provide the best health care facilities to all citizens, including the physically challenged, orphans, destitute,” the court observed.
Citing an example the bad maintenance of fire fighting equipments in the recent fire incident at one of the oldest Shrine Khan kahi Moulla here, the court said, “The government has to take sufficient steps not only to provide proper infrastructure but maintenance and upkeep so that all the infrastructure facilities are put to proper use and they do not render malfunctioned at the need of the hour”.
“As to how the medical care facilities are to be provided to children, men, and women … is the paramount duty of the State Government. We expect that the State Government would take all necessary steps to improve the medical services in the Government run Hospitals,” court said.
In its various status reports filed from time to time, the government had stated that there is decline in the infant mortality. In response to the submission by counsel for the petitioners that the infant mortality rate has increased or is static, Additional Advocate General, Muhammad Iqbal Dar told the court that despite increase in the number of patients the infant mortality was in the decline.
In 2012, DrRoufMohidin Malik had filed the PIL through his counsel Faisal Qadri, seeking directions for improving health care facilities in hospitals more particularly, G. B. Pant Children’s Hospital Srinagar.
The PIL had highlighted that G B Pant Hospital lacks not only doctors and paramedical staff, but also necessary infrastructure and equipments– ventilators, laboratory facilities and medicines as well.
The petition had sought direction to the government to allocate sufficient funds to improve the health care facilities particularly of children.
In response to the submission of the state counsel that the government has shown improvement in providing health care facilities, the bench said: “We, however, feel that it is not adequate for the reasons prevailing even as on date. Be that as it may, the government is duty bound to ensure best health care facilities to its citizens. If there is any lapse in providing the same, including the release of funds for providing best health care facilities, the Health Secretary has to take a call on the short coming in his Department”.
HC directs govt to improve medical care facilities in all hospitals
