Punjab and Haryana High Court Upholds Right to Medical Reimbursement in Emergency Situations, Court rules denial of medical expenses during COVID-19 pandemic violates constitutional rights, mandates reimbursement.
In a landmark judgment, the Punjab and Haryana High Court, presided over by Justice Sandeep Moudgil, has directed the Union of India to reimburse medical expenses incurred by CRPF officer Balhar Singh and his wife during the COVID-19 pandemic. The court ruled that denying reimbursement on technical grounds, such as the absence of referral and emergency certificates, violates the right to health as an integral component of the right to life under Article 21 of the Constitution of India.
The case, titled "Balhar Singh v. Union of India," involved the petitioner's claim for medical expenses following a heart attack and subsequent treatment in non-empanelled hospitals due to the unavailability of government facilities during the pandemic. Singh's wife also faced health issues attributed to COVID-related stress, requiring urgent medical care.
The court emphasized the necessity of emergency medical treatment during life-threatening situations and invoked the principles laid down in the Supreme Court's decision in "Shiv Kant Jha v. Union of India." It underscored that procedural technicalities should not override the urgent need for medical intervention, especially when government hospitals were either unavailable or converted into COVID centers.
The judgment highlighted the violation of Articles 14, 21, and 47 of the Constitution, affirming the State's duty to ensure access to healthcare. The court ordered the respondents to reimburse the admissible medical expenses within four weeks, warning that failure to do so would result in interest accruing from the completion of the stipulated period.
This decision is a significant affirmation of citizens' rights to emergency healthcare, especially in extraordinary circumstances like the pandemic. It calls for a pragmatic approach to processing medical reimbursement claims to prevent undue hardship.
Bottom Line:
Reimbursement of medical expenses in emergency situations during Covid-19 pandemic cannot be denied on hypertechnical grounds such as absence of referral certificates or procedural deficiencies, as it violates Articles 14, 21, and 47 of the Constitution of India.
Statutory provision(s): Articles 14, 21, and 47 of the Constitution of India, Medical Attendance Rules, 1944
Balhar Singh v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2845455
