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September 2009

Medical services — State cannot avoid its constitutional obligation to provide medical services on account of financial constraints — Constitution of India, Art : 47.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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  1. Medical services — State cannot avoid its constitutional obligation to provide medical services on account of financial constraints — Constitution of India, Art : 47.

[ B. Krishna Bhat v. State of Karnataka & Ors., AIR 2009 (NOC) 1787 (Kar.)]

Maintenance and improvement of public health is joint obligation of Central as well as State for which they have to provide medical services. State cannot avoid its constitutional obligation in that regard on account of financial constraints. Govt. hospitals or public hospitals (run by local authorities) are ill-equipped as they lack infrastructure both in terms of buildings, medical equipments, adequate drugs, etc., and adequate manpower. It is irrational, unjustifiable, unethical, unhygienic and antisocial to plan a slum colony inside a hospital. All efforts to curb corruption in hospitals be made. The Court suggests facilities required to be provided in hospital.

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