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This is an archive article published on February 24, 2022

5-month pregnant woman denied medical aid: HC pulls up GMSH-16

The petitioner, a 27-year-old woman resident of Kansal in Mohali, had contended through counsel Ashdeep Singh, that she is five months pregnant and needed medical treatment for the well being of her foetus and as well as her self.

Justice Sehrawat said, “The present petition is disposed of with a direction to respondents to provide necessary medical treatment/advice to the petitioner, in normal course, as and when she approaches the respondent-hospital.” (File)Justice Sehrawat said, “The present petition is disposed of with a direction to respondents to provide necessary medical treatment/advice to the petitioner, in normal course, as and when she approaches the respondent-hospital.” (File)

The Punjab and Haryana High Court directed the Chandigarh Administration to provide necessary the medical assistance to a five-month pregnant woman, who was denied treatment by GMSH Sector 16, Chandigarh, on the ground that she is a resident of Punjab. GMSH 16 held that the hospital does not provide treatment to patients from outside Chandigarh.

The petitioner, a 27-year-old woman resident of Kansal in Mohali, had contended through counsel Ashdeep Singh, that she is five months pregnant and needed medical treatment for the well being of her foetus and as well as her self. She approached GMSH 16 and was registered as a patient at the hospital for treatment. However, subsequently, on February 10, 2022, she was turned away from the hospital.

The Bench of Justice Rajbir Sehrawat held that even the counsel for Chandigarh has not been able to point out any law which entitles hospitals to drive out patients by denying them medical treatment for not being a resident of UT, Chandigarh. The Bench stated that otherwise also, the petitioner cannot be subjected to discrimination only on the ground of her place of residence. “This decision or even the tendency of a government medical facility cannot be countenanced, by any means. Hence, Director Health and Family Welfare, GMSH16, deserves a direction to provide the necessary treatment/advice, in normal course, as and when the petitioner approaches the hospital,” it was stated.

Justice Sehrawat said, “The present petition is disposed of with a direction to respondents to provide necessary medical treatment/advice to the petitioner, in normal course, as and when she approaches the respondent-hospital.”

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