Hakim Seikh, who was a member of a labor union, Paschim Banga Khet Mazdoorsamity, fell from a train one evening and suffered severe head injuries. He approached, and was turned away from, six different hospitals during one evening. He eventually spent Rs. 17,000.00 (approximately 260 USD) for treatment at the Calcutta Medical Research Institute. The hospitals kept turning him away because they claimed not to have enough beds. One hospital, however, claimed it had inadequate facilities to provide the necessary treatment. Aggrieved by this incident, the Paschim Banga Khet Mazdoorsamity filed a writ petition in the Supreme Court. The primary issue before the Court was whether the lack of available facilities amounted to a denial of Hakim Seikh’s right to life under Article 21 of the Indian Constitution. While the case was pending in the Court, the Respondent, Government of West Bengal, appointed an enquiry Committee (the Committee) to report on why Hakim Seikh was repeatedly denied treatment and to give recommendations to avoid similar incidents form occurring again.
The Court held that the Indian Constitution envisages the establishment of a welfare state both at federal and state level. It further held that one of the ways in which this obligation is discharged is by “running hospitals and health centers which provide medical care to the person seeking to avail those facilities.”
Interpreting Article 21, the Court held that preservation of life should be of paramount importance for the state. Connecting the state’s welfare obligation and Article 21, the Court held that government run hospitals and its medical officers were under a duty to extend medical services for preserving life.
The Court further held that failure to extend medical assistance was a violation of Article 21, therefore, Hakim Seikh’s right to life was violated. It ordered the Government of West Bengal to compensate Hakim Seikh with an amount of Rs. 25000 (approximately $390 USD).
The Court also held that lack of financial resources could not be claimed as an excuse by states to deny its citizens fundamental rights guaranteed to them under the Constitution. It held that the constitutional obligation to provide adequate medical services could not be ignored on account of financial burden.
Issuing its own recommendations, the Court indicated that its recommendations, along with the Committee’s recommendations, were to be implemented not only by the Government of West Bengal, but by all States. Some of these recommendations included the following:
(a) No emergency patient should be denied medical care and all possibilities should be explored to accommodate emergency patients.
(b) Adequate facilities should be available at the Primary Health Centres where the patient can be given immediate primary treatment to stabilize his/her condition.
(c) Hospitals at the district level and Sub-Division level should be upgraded so that serious cases can be treated there.
(d) Emergency Medical Officers should contact Superintendent/Deputy Superintendent/ Specialist Medical Officer concerning loaning beds from cold wards to accommodate emergency patients.
(e) Facilities for giving specialist treatment should be increased and made available at the hospitals at district level and Sub-Division level having regard to the growing needs.
(f) In order to ensure availability of beds in an emergency at State level hospitals there should be a centralized communication system so patients can be sent immediately to a hospital where beds are available for the required treatment.
(g) Proper arrangements should be made for ambulances to transport patients from the Primary Health Centre to the district hospital or Sub-Division hospital and from the district hospital or Sub-Division hospital to the State hospital.
(h) The ambulance should be adequately provided with necessary equipment and medical personnel.
The Court also directed the Government of West Bengal to take administrative action against the medial officers found guilty for the lapse in providing medical care to Hakim Sheik.