The Government hospitals run by the State and the Medical Officers employed therein are duty bound to extend medical assistance for preserving human life. Failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21

 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.08.2014
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.(MD)No.13867 of 2011
1.R.Shanmugakani
2.Minor S.Vasantha Kumari
3.Minor S.Senthilmurugan : Petitioners
Vs.
1.The Government of Tamil Nadu,
Rep by its Principal Secretary,
Health and Family Welfare Department,
Fort.St.George, Chennai.
2.The Director,
Medical and Rural Health Services,
Chennai 6.
3.The District Collector,
Virudhunagar District,
Virudhunagar.
4.Dr.Tmt.Alagusundarammal
Obstetric & Gynecologist,
2
Government Hospital, Rajapalayam.
5.Dr.S.Sakthivel,
No.157/41(3), T.P.Mills Road,
Rajapalayam, Virudhunagar District.
6.Z.Arockiammal,
Staff Nurse, Government Hospital,
Rajapalayam.
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20. Article 21 of the Constitution of India guarantees right to
life, which includes right to get meaningful health care, especially
during maternity/delivery period. Article 21 imposes an obligation on
the state to safeguard the right to life of every person. Preservation of
human life is thus of paramount importance. The Government
hospitals run by the State and the Medical Officers employed therein
are duty bound to extend medical assistance for preserving human
life. Failure on the part of a Government hospital to provide timely
medical treatment to a person in need of such treatment results in
violation of his right to life guaranteed under Article 21.
21. The Code of Medical Ethics drawn up with the approval of
the Central Government under Section 33 of the Indian Council
Medical Act and observed is as follows:-
"Every doctor whether at a Government Hospital or
otherwise has the professional obligation to extend his
services for protecting life. The obligation being total,
absolute and paramount, laws of procedure whether in
statutes or otherwise cannot be sustained and, therefore,
19
must give way."

In a case of medical negligence, the Court, while ordering for payment of compensation of Ten Lakhs to the victim   further directed the Government  to initiate appropriate proceedings against the doctors/staff concerned, so as to fix the liability, and thereafter, recover the said amount
from them, after conducting a thorough enquiry