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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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