RANJAN KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been preferred by an advocate of this Court by way of Public Interest Litigation for a direction to the respondent State to set up Primary Health Centre in each District Court (Civil Court) of the State of Bihar with complete infrastructure and adequate medical facilities for securing health care of judicial officers, advocates, staff and the litigants visiting the Civil Courts.

(2.) The relief/s prayed for as stipulated in paragraph 1 of the writ application reads as under:

(3.) Learned counsel for the petitioner submits that the Supreme Court in the case of Francis Coralie Mullin Vs. Union Territory of Delhi, reported in (1981) 1 SCC 608 has held that the right to life guaranteed in Article 21 of the Constitution of India in its true meaning includes the basic right to food, clothing and shelter but "more than mere animal existence". Similarly in the case of Consumer Education and Research Centre Vs. Union of India, reported in (1995) 3 SCC 42, the Supreme Court held that it is the obligation of the State not only to provide emergency medical services but also to ensure creation of conditions necessary for good health including the provisions of basic curative and preventive health services and assurance of healthy living and working condition. Hence, it is the obligation of the State to establish Primary Health Centre in every Civil Court.