4 years ago
The Supreme Court has issued an interim order in the name of the government to provide all types of treatment in all hospitals and health institutions in the state. A single bench of Justice Deepak Kumar Karki passed the order two days ago but it came in writing only on Sunday.
There has been news of hospitals and health centers refusing treatment during the Covid-19 coronavirus pandemic. Advocate Sunil Kumar Patel had filed a writ petition demanding to stop such activities and make proper arrangements for the treatment of the patients.
The Supreme Court has issued an interim order in the name of the government to make all necessary arrangements for the healthcare without any hindrance in all the hospitals and health institutions including all the districts, towns and villages by mobilizing all the facilities of the state.
The Supreme Court has ordered to mobilize the state machinery to ensure the duties and rights of emergency health care as per sub-sections (1), (2) and (3) of section 4 of the Emergency Health Services and Public Health Services Act, 2075 BS in Article 35 (1) of the Constitution of Nepal.
Article 35 of the Constitution of Nepal states that every citizen has the right to receive free basic health care from the state and no one shall be deprived of emergency health care.
Each health institution shall provide emergency health services as specified in subsection (1) of section 4 of the Public Health Act, it shall be the duty of the health institution and health worker to provide such services as per subsection (3) If not, the concerned institution has to send the other treatment to other health institutions.
In a writ petition filed by advocate Patel, citing examples of most health institutions neglecting to treat patients instead of treating them in the current situation, it was mentioned that those institutions have swayed away from their constitutional and legal duties.
The court order states: "The state must be sensitive to the health of its citizens." There is no dispute that the state should take effective steps for the health of the citizens. It is the right of the citizen to get treatment when he/she reaches the health center or hospital for treatment and it is the responsibility of the hospital to treat him. '
In this case of Covid-19, it has been clarified in the order that the patients who have gone to the hospital for treatment should not be deprived of treatment and should not run away from the responsibility of immediate treatment. The order also states that such an exemption cannot be given to a hospital or health center.
The government has been reminded in the order that not only Covid-19 but also patients suffering from other diseases have the right to get treatment in such cases as soon as possible.
The court ruled that the current state of normalcy could not be immediately predicted due to the global epidemic of Covid-19.
The court has reminded the concerned government body that under Article 52 (d) of the Public Health Act, 2075 BS, the health institution cannot refuse to provide basic health care and emergency treatment available in the health institution and if it refuses, it will be a violation of the Act.
