TELANGANA HIGHCOURT UPHOLDS THE FUNDAMENTAL RIGHTS EVEN IN COVID-19 PANDEMIC SITUATION

Telangana Highcourt in a PIL has held very clearly that state/ govt. cannot restrict a citizen from having access to his wish of Doctor for the treatment of Covid-19 virus Infection. Such a restrictive action violates the Fundamental rights of a citizen, Right to life & Liberty which includes the right to choose his or her doctor/Medical facilities for a citizen.

While the government order under the provisions of Epidemic Disease Act 1897 has restricted the Private Hospitals & laboratories from doing any testing or giving any treatment. The Highcourt has clearly told that such an order violates Fundamental rights of a citizen. Thus the court has issued an order that any private hospitals & Laboratories having sufficiently equipped for testing, & the Hospitals well equipped & having sufficient facilities for Isolation wards & treatments as per the Standard Operating Procedure (SOP) can undertake & provide the tests of COIVD-19 can also provide the Treatment.  Thus this powerful judgment of the Highcourt in this Pandemic Situation makes it very clear that govt. while putting restrictions of a Right to Life shall also prescribe a procedure by law, which is just fair & reasonable. Even if imposed restrictions the govt. shall not violate or Infringe the rights of a citizen. Further it also mentioned that the court are empowered to see that even in times of emergency, the state or govt. shall act in a fair, just & reasonable manner.

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