[COVID-19] "Blatantly violating fundamental rights:" Telangana High Court says State cannot prevent ambulances from entering Telangana

Telangana High Court has stayed the State government's May 11 decision to impose restrictions on the entry of patients from across State borders into Telangana amid the COVID-19 pandemic..Two orders to this effect were issued by the Bench of Chief Justice Hima Kohli and Justice B Vijaysen Reddy last week..The Court observed that such restrictions would amount to violation of fundamental rights enshrined under Articles 15 (prohibition of discrimination), 19(1)(d) (freedom of movement) and 21 (right to life and personal liberty) of the Indian Constitution. .A May 11 order noted that the State had earlier told the Court that it did not propose to seal State borders or take up any kind of testing at these places. .While so, the Bench remarked that the State has now turned turtle and is "blatantly violating the fundamental right of the citizens enshrined in Articles 15, l9(l)(d) and 21 of the Constitution of India that secures a citizen from any sort of discrimination by the State, permits free movement throughout the territory of India and safeguards the right to medical treatment which is yet another facet of the right to life."."It is neither understood nor appreciated how the State could impose such arbitrary conditions and that too in respect of critically ill patients who are being transported in ambulances looking for medical treatment in the State, particularly Hyderabad, due to shortage of beds, lifesaving equipment, drugs etc., in their own State," the Court said..The Court added that if such restrictions were contemplated, the State ought to have issued an advisory or a circular well in advance so that the public at large were informed and could act accordingly "instead of springing a nasty surprise on them."."lt is therefore directed that Telangana Police shall not prevent or impede any ambulance carrying a COVID-l9 patient into the State of Telangana, looking for treatment," the Court proceeded to order..Days later, the issue was taken up again on May 14, Friday, when the Court was apprised of media reports highlighting that the State authorities were asking for authorisation before allowing the entry of COVID-19 patients from other States into Telangana. .Notably, the May 11 guidelines mandated that an application seeking admission in the hospitals of Telangana must be made to a control room set up for the purpose by any person outside the State seeking hospitalisaton in Telangana. It is only once the control room issues authorisation for such travel, those persons outside the State would be allowed access to Telangana hospitals, it was submitted. .The State defended the guidelines by asserting that they were issued to make the process of hospital admission smoother..The Court, however, disagreed."We are of the view that the impugned Guideline imposes an unreasonable restriction on residents of other States looking for admission in hospitals in the State of Telangana for COVID-19 treatment," it observed. .The Court added that the Constitution of India contemplates a Welfare State, both at the federal and the State level. No State act which results in delaying access to medical assistance when a patient is in a dire need of such a treatment can be validated, the Court said. ."This would amount to violating the sacrosanct right to life guaranteed under Article 21 of the Constitution and operate as a fetter on the right of a citizen of this country to move freely throughout the territory, of India, as enshrined in Article l9(1)(d) of the Constitution of India," the Court reiterated. .The Court also referred to the Supreme Court's April 30 direction that no hospital should be allowed to deny entry to any person only based on her/ his residential status..Further, on May 8, the Central government had also passed an order in compliance with the Supreme Court's April 30 direction. This order stated that no patient should be refused services on account of failure to show that s/he belonged to the city where the hospital is located. The said order reiterated that admission to hospitals must be based on need, the Court noted..In view of these aspects, the High Court on Friday stayed the Telangana government's May 11 guidelines, while issuing notice in the Public Interest Litigation (PIL) petition that had challenged the same. .The government was also cautioned not to issue any other guidelines or orders which may circumvent the High Court order or put fetters on the inter-State travel of ambulances carrying COVID-19 patients from neighbouring States. All the same, the Court clarified that people may voluntarily apply to the Telangana government's control rooms, if they wish to do so.."But no authorization from the control room would be required for any patient and/or attendant to travel into the State of Telangana looking for hospitalization for treatment of COVID-19 infection," the Court emphasised. .Ensure migrant workers are taken care of during lockdown: Court.Tuesday's hearing also saw the Court make critical observations about the State's knee-jerk decision to impose a lockdown from the next day, May 12. .Observing that the same may pose hardships for migrant workers, the Court directed the State to reach out to the Railways department and arrange for emergency trains to transport migrant workers back home. ."The State shall also ensure that till they leave the State, adequate arrangements are made for the migrant workers by opening community halls and setting up community kitchens in and around Railway Stations and Interstate Bus Terminals, wherever required. Help-Desks shall also be established bv the Police and the civic authorities at the earliest, to assist the migrant workers and help in their smooth and unhindered movement to their native places," the Court added. .Response sought on Oxygen allocation, capping of prices.The High Court, on Tuesday, also sought an affidavit from the Central government detailing how it proposes to tackle the deficit in oxygen supply to the State of Telangana. At the time, the Court had asked the Centre to explain how it proposes to bridge the deficit in the next two days. .Another direction issued was to the State, which has been directed to submit the proposed price caps for COVID-19 treatment, ambulance services, CT scans, life-saving drugs etc. .Further, the State was also asked to respond on why it has not yet invoked the Essential Commodities Act, 1955 and the Drugs and Cosmetics Act, 1940 to regulate the price of life-saving drugs and like items. .The cases have been posted for hearing next on Monday, May 17. .[Read Orders]