SHAKUNTLA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS judgment would disposed of CWP Nos. 423, 1061, 1757, 2103, 4351, 11862, 11906, 12014, 14070, 14230 18135, 18148, 3783, 4126, 4136, 4151, 4424, 6104, 6311, 7420, 8285, 10882, 10886, 11622, 11744, 12964, 14351, 14584, 15730, 16110, 16409, 18665, 18692, 18838, 19204, 19245, 20293, all of 2002, 414, 1253, 1328, 1528, 1809, 2155, 2170, 2191, 3100, 3238, 3540, 4511 and 13135 all of 2003.

(2.) THE facts are being taken collectively and individually wherever required.

(3.) THE authorities prescribed under the rules have also to apply their mind in a conscious and cautious manner in dealing with such kind of situations. Saving the life of near and dear, a person may have to commit any act which includes the selling of one's jewellery, borrowing money at exorbitant rate of interest or subject himself/herself to every and any condition. No hospital, private or government would entertain the patient without the amount having been deposited, it is at that juncture, circumstances and situations, the attendant of the patient becomes so vulnerable that except for saving the life of near and dear nothing seems to be more important. Thus, gravity of the situation has to be understood by the government in a far more positive manne. than applying the normal mathematics. The situations may arise and generally do arise when the attendant of the patient may not have or be possessed with the money or the jewellery for saving the life of near and dear. Can we not think of better solutions for providing facilities to the patient in such a given situation? This needs to be examined by the concerned quarters who are not only meant for ruling but for serving the society. For rendering service to the society the necessary expenditures are not to be curbed but at the same time the action should be such that it may not open a possible wasteful tap in the State exchequer. Thus, the answer has to be provided by the persons who have been sitting at the helms of affairs of the State and have been facing such situations. According to us, the situation should be dealt with by the person as if he or she is involved in the situation himself or herself. We never know that the situation which is being dealt with may fall upon that person as well.