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Delhi HC Comes To The Aid Of 11Yr Old Ailing Daughter Of A Daily Wage Labourer [Read Order]

Live Law News Network
31 Oct 2017 7:57 AM GMT
Delhi HC Comes To The Aid Of 11Yr Old Ailing Daughter Of A Daily Wage Labourer [Read Order]
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Coming to the aid of an 11-year-old in need of a life-saving surgery, the Delhi High Court has directed Govind Ballabh Pant Hospital to immediately admit and provide necessary treatment to the daughter of a daily wage labourer whose health is deteriorating due to a structural heart defect.

The girl needed immediate surgery, but her father could not arrange the money.

Justice Vibhu Bakhru directed GB Pant Hospital to admit 11-year-old daughter of Mohammad Jaki without insisting on pre-deposit of any funds.

The court directed that the government may enquire if at all petitioner is entitled to any such treatment free of cost, but should not keep his daughter waiting pending any such enquiry.

Mohammed Jaki, a resident of North East Delhi, had approached the high court through advocate and social activist Ashok Agarwal as his daughter, at present admitted in Lok Nayak hospital, was referred to GB Pant Hospital and advised immediate life-saving surgery.

The girl was diagnosed with a heart defect in May 2017. Doctors at LNJP advised that she be taken to GB Pant hospital and operated upon immediately.

However, the GB Pant Hospital asked him to arrange Rs 50,000 for her admission and another Rs 50,000 for the surgery, which he was unable to arrange for.

He also wrote to the Delhi government through advocate Agarwal praying for help, but in vain.

"It is stated that GB Pant Hospital is not admitting petitioner's daughter, and doctors at GB Pant Hospital have called upon the petitioner to deposit the sum of Rs 50,000 which he is unable to afford. It is further stated that his daughter is in urgent need of a surgical operation for survival.

"In view of the averments, respondent number 2 (GB Pant Hospital) is directed to immediately admit petitioner's daughter and provide necessary treatment without insisting on pre-deposit of any funds," Justice Bakhru ordered.

"In the meanwhile, the government can examine whether the petitioner's daughter is entitled to such treatment free of cost. In the event, enquiry reveals that petitioner is not entitled to free treatment, respondents can always initiate necessary steps to recover the sum. However, it is clarified that admitting petitioner's daughter and providing her the necessary treatment shall not be withheld pending such enquiry," the court clarified.

Read the Order Here

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