PASCHIM BANGA KHET MAZDOOR SAMIT! versus STATE OF WEST BENGAL

Denial of timely and adequate medical treatment by government hospitals to a seriously injured person violates the fundamental right to life under Article 21, creating liability for compensation and imposing a duty on the state to ensure proper emergency medical facilities.

Parties: Petitioner: Paschim Banga Khet Mazdoor Samiti; Respondent: State of West Bengal; Petitioner: Hakim Seikh; Intervenor: Rajeev Dhavan; Respondent: Union of India
Jurisdiction: India
Judgment Date: 06 May 1996
Procedural Posture: Writ Petition (civil) / Final Disposition by Supreme Court
Outcome: Petition allowed; directions issued
Legal Topics: Right to Life, Medical Facilities, State Obligation, Compensation for Constitutional Violation

Constitutional Law Medical Negligence Human Rights Right to Life Medical Facilities State Obligation Compensation for Constitutional Violation

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Full judgment text Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3

Parties

Paschim Banga Khet Mazdoor Samiti

Petitioner

State of West Bengal

Respondent

Hakim Seikh

Petitioner

Rajeev Dhavan

Intervenor

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition by Supreme Court

Legal Issues

1 Whether denial of timely medical treatment at government hospitals constitutes a violation of Article 21 of the Constitution
2 Whether compensation is payable for infringement of the right to life due to lack of medical facilities

Ratio Decidendi

Court Disposition

Petition allowed; directions issued

Orders

Rs. 25,000 awarded as compensation to the victim for breach of Article 21
State directed to provide immediate primary treatment at Primary Health Centres, upgrade hospitals, establish central communication for available beds, equip ambulances, and gear up for higher risks of accidents