PRAKASH B. SARDESSAI RESIDING AT MADANT Vs. SECRETARY, MINISTRY OF HEALTH, GOVERNMENT OF GOA, SECRETARIAT, PORVORIM, GOA

JUDGEMENT

(1.) We are reminded of the following inspirational words of Mahatma Gandhi, Father of our great nation -

(2.) This petition filed in public interest raises issues of seminal importance in regard to the health care facilities at the Government hospitals, clinics and dispensaries in the State of Goa.

(3.) In dealing with the present petition, we are reminded of the observations as made by a Division Bench of this Court, in the case of Rakesh Subhash Bhamare vs. State of Maharashtra, 2016 SCC Online Bom 13097, being a case which was dealing with the condition of public hospitals at Malegaon in Maharashtra. The Court observed that citizens have a legal and constitutional right to have basic medical facilities. It was observed that there is a legal obligation on the State/Municipal Corporation in their public character to provide public welfare hospitals, which are required to effectively function and cater to the medical and health needs of thousands of citizens who would depend on such hospitals. The Court observed that it was expected that the hospitals should have adequate doctors and staff in all branches, along with all the infrastructure necessary for its functioning, which would include everything from building to medical equipments, and any deficiency in that regard not only directly affected public health, but the fundamental rights of the citizens guaranteed under Article 21 of the Constitution. The Court also observed that any dereliction on this count is required to be dealt strictly, as non-performance on these counts directly infringes the citizens' rights guaranteed under Article 21 of the Constitution. One of the significant observation made by the Court was to the effect that public hospitals cannot become "dens of disease". The Court also observed that in achieving public health goals, there had to be a realistic effort to take all steps and that any cosmetic, superficial, and temporary measures are not a solution to the issues faced by the public health system. The observations made by the Court in this regard are wholly relevant to the case in hand which read thus: