Court orders treatment for accident victims at all hospitals
Graphics: Agamir Somoy
The High Court has directed the Ministry of Health to issue a circular ensuring treatment for people injured in accidents at all government and private hospitals and clinics.
At the same time, the court directed the authorities to amend the 2018 Road Accident Act and formulate rules to ensure treatment for all accident victims at the nearest hospitals and clinics.
The High Court bench comprising Justice Md. Habibul Gani and Justice Syed Mohammad Tajrul Hossain issued the order after hearing a public interest writ petition.
The human rights organization Human Rights and Peace for Bangladesh (HRPB) filed the writ petition in the public interest. Lawyer Manzil Morshed appeared for the petitioner.
It was learned that Ibrahim, a motor parts businessman from Sonadanga in Khulna, was injured by a mugger in the Saydabad area of Dhaka on January 26, 2018. When he went to the nearby Salauddin Medical College Hospital for treatment, he was referred to Dhaka Medical College Hospital. He died there. HRPB brought the matter to the court’s attention and filed the writ petition.
After the hearing, the court issued a rule on February 5, 2018, asking why the administration’s inaction in taking measures to save lives should not be declared illegal, why the Ministry of Health should not be directed to issue instructions requiring all hospitals and clinics to provide treatment to people injured in accidents, and why directions should not be issued to provide compensation to the victim.
After the hearing, the court declared the rule partly appropriate and directed the issuance of a circular instructing all hospitals and clinics to provide treatment to any passenger injured in an accident.
Lawyer Manzil Morshed said that under the Constitution, the right to life is a fundamental right of every person. However, when someone is injured in an accident or during a mugging and goes to the nearest hospital or clinic for treatment, they are not provided treatment. He said those hospitals and clinics obtain licenses from the government on the condition that they provide treatment to all patients. He added that it is in no way desirable for patients to die because they do not receive treatment at the nearest hospital or clinic after a road accident or because treatment is delayed.
Deputy Attorney General Mohammad Jisan Haider represented the government in the case. Lawyers Kazi Ershadul Alam and Mostafizur Rahman Khan represented the Director General of the Ministry of Health and Salauddin Hospital.
