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In Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996), the Supreme Court held that failure of government hospital to provide timely emergency medical treatment violates right to life under Article 21, imposing positive obligation on State to ensure access to emergency healthcare.
- True
- False
Answer: True
Paschim Banga (1996) right to emergency medical care: (a) Context: Petition regarding denial of emergency treatment to accident victim in government hospital due to lack of beds, facilities; issue of State's obligation to provide emergency healthcare, (b) Supreme Court holding: (i) Right to health is integral to right to life under Article 21, (ii) Failure of government hospital to provide timely emergency treatment violates Article 21, (iii) State has positive obligation to ensure adequate medical facilities, especially for emergency care, (c) Applications: (i) Emergency care: Government hospitals must provide emergency treatment regardless of patient's ability to pay, (ii) Infrastructure: State must invest in medical infrastructure, staff, equipment to ensure access to healthcare, (iii) Accountability: Compensation awarded for denial of emergency care; systemic reforms directed to prevent recurrence, (d) Subsequent developments: (i) Ayushman Bharat: Universal health insurance scheme expands access to healthcare for economically vulnerable, (ii) Judicial monitoring: Courts periodically review implementation of healthcare directives, direct systemic improvements, (e) Rationale: (i) Dignity: Emergency healthcare essential for preserving life, dignity in crisis situations, (ii) Equality: Access to emergency care must not depend on economic status; State must ensure equitable access, (iii) Positive obligation: State must take affirmative steps to realize right to health, not just refrain from violation, (f) Illustrates transformative constitutionalism: Article 21 interpreted to impose positive obligations on State for healthcare; judicial enforcement enables realization of socio-economic rights through State action, infrastructure investment.