Court Orders Establishment of Functional Burn Units Across State, Citing "Right to Health" Under Article 21
In a landmark judgment addressing the systemic deficiencies in burn care infrastructure across the State of Jharkhand, the Jharkhand High Court has issued comprehensive directions to ensure the availability of specialized medical care for burn victims. The judgment came in response to a Public Interest Litigation (PIL) filed by Onkar Vishwakarma following a tragic kerosene fire incident in Hazaribagh, which exposed critical gaps in the state's burn care facilities.
The court held that the "Right to Health" under Article 21 of the Indian Constitution encompasses access to specialized, time-sensitive medical care, particularly for burn victims. It observed that the absence of functional burn units at the district level constitutes a breach of the constitutional guarantee of life with dignity.
The court directed the Jharkhand government to establish fully operational burn units in all district hospitals and government medical colleges within 120 days. These units are to be equipped with trained personnel, essential equipment, and supporting infrastructure as per the guidelines of the National Programme for Prevention and Management of Burn Injuries (NPPMBI).
Highlighting the dire need for immediate action, the court noted the systemic failure in providing adequate burn care facilities, which rendered the constitutional right to life illusory for many citizens. It ordered the formation of a State Monitoring Committee to oversee the implementation of its directives and ensure continuous evaluation of the operational status of burn units.
Furthermore, the judgment acknowledged the victims' right to compensation under the Victim Compensation Scheme. It directed the jurisdictional court and District Legal Services Authority to expedite the process of compensating the victims of the Hazaribagh incident.
The court's decision underscores the importance of state accountability in ensuring health infrastructure that meets constitutional mandates and reflects a commitment to upholding the "Right to Health" as an integral aspect of human dignity.
Bottom Line:
Public Interest Litigation addressing systemic deficiencies in burn care infrastructure and medical facilities across the State of Jharkhand.
Statutory provision(s): Article 21 of the Constitution of India, Section 357A of CrPC, 1973, Section 396 of Bharatiya Nagarik Suraksha Sanhita, 2023, Article 226 of the Constitution of India, Article 47 of the Constitution of India.
Onkar Vishwakarma v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2876091
