Delhi High Court: Denial Of Timely Treatment By Govt Hospitals Violates Right To Life; Orders Rs 12,000 Compensation
It was alleged that no doctor was available at the time, so the child was not able to receive any treatment.
Published : March 20, 2026 at 6:05 PM IST
New Delhi: The Delhi High Court on Friday made it clear that denial of timely medical treatment by government hospitals is considered a direct violation of the ‘Right to Life’ guaranteed under the Constitution. Pulling up the Delhi government, the court directed it to reimburse Rs 12,000 in medical expenses to a minor student who was allegedly denied treatment at two government hospitals.
The petitioner, a minor student, sustained a fracture in his left arm while playing at his government school. He was first rushed to Dr. Hedgewar Arogya Sansthan, where the administration reportedly refused treatment, citing the unavailability of basic medical supplies. He was then taken to Chacha Nehru Bal Chikitsalaya, but the answer was the same.
It was alleged that no doctor was available at the time, so the child was not able to receive any treatment. Eventually, the family had no option but to seek care at a private hospital, where the treatment cost them around Rs 14,000.
Hearing the matter, the bench of Justice Purushendra Kumar Kaurav observed that it is the primary duty of the state to ensure timely healthcare services to its citizens.
"The admission by government hospitals that the student had visited but did not receive treatment is concerning. This failure is undeniable, and the state cannot evade its responsibility," the court said.
The High Court based its judgment on the landmark ruling of the Supreme Court of India in the Paschim Bangal Khet Mazdoor Samity vs State of West Bengal case. It reiterated that access to healthcare is an integral part of the Right to Life under Article 21 of the Indian Constitution. Denial of timely medical care, the court said, violates an individual's right to live with dignity.
The court directed the Delhi government to pay Rs 12,000 to the victim within two months. It also granted the petitioner the liberty to approach a civil court for additional compensation, noting that determining higher damages would require a detailed examination of facts.
Article 21 of the Indian Constitution guarantees every citizen the right to life and personal liberty. Over the years, the judiciary has expanded its scope to include the right to health and a life with dignity. The court clarified that denial of treatment in emergency situations is a direct violation of this fundamental right.
It further stated that, in a welfare state, providing timely medical assistance is not an act of charity but a constitutional obligation. A shortage of basic medical supplies, such as bandages or plaster, cannot be a valid excuse to deny treatment.
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