Can a Habeas corpus Writ be filed against the Hospital for detaining the Patient in demand of Treatment Bill payment?

DISCUSSION ON FACTS:-

1.The Petitioner's mother was admitted to Islamia Medical Institute for chronic kidney disease for treatment and hemodialysis.

2.The Petitioner requested to discharge the mother after paying the part bill in cash and requested the hospital to claim the balance amount from the Swasthya Sathi card (Government Insurance).

3. The hospital denied the request of Petitioner and demanded the hospital's outstanding bill payment to discharge his mother and detained his mother for want of the balance Bill.

4.The Petitioner filed police complaint and Writ of Habeas corpus before Calcutta High Court.

CALCUTTA HIGH COURT DECISION: -

???? The Hon’ble Calcutta High Court came to the rescue of Petitioner and issued a writ to the hospital for immediate discharge/release of Petitioner’s Mother before 4 PM of that day itself on execution of Bond.

Conclusion

The Writ of habeas corpus is powerful remedy under the constitution of India that can be used by any citizen of India to protect his right to life which includes the right to get Medical treatment.

The High Court of Delhi in?Devesh Singh Chauhan v. State & Ors?has held,

“Merely because the cities of the hospital treating the patient are outstanding that certainly cannot be the reason to withhold the release of the patient”?and further commented that?“we deprecate this practice”.

Hence the pertinent question that this short article intended to explore is answered in the affirmative.

That a Writ of Habeas corpus is Very well Maintainable in discharging the Patient from any detention for want of hospital treatment bill payment is illegal detention which would attract punishments under Sec126 & Sec127 of BNS.

Article Written by Adv.SATHEESH KUMAR B.E,LLB(HONS)

Practicing before Madras High Court

The views expressed are strictly personal not a legal opinion for any case.