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Ahead Of SC Hearing, Karnataka Agrees To Allow Passage For Non-COVID19 Patients From Kerala

LIVELAW NEWS NETWORK
6 April 2020 1:54 PM GMT
Ahead Of SC Hearing, Karnataka Agrees To Allow Passage For Non-COVID19 Patients From Kerala
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A day before the Supreme Court hearing on the issue of blockade on Kerala-Karnataka border, Karnataka agreed to allow passage for patients from Kerala, who are not infected with COVID-19, to avail medical services from hospitals in Mangaluru.

This was announced by the Kerala Chief Minister Pinarayi Vijayan in his press briefing on Monday evening.

The passage will be subject to medical examination by medical team at the Karnataka border.

On Friday, the Supreme Court had directed the Union Health Secretary to call for a meeting between Chief Secretaries of Kerala and Karnataka to formulate parameters for passage of patients from Kasargod district to access emergency medical services from Mangaluru amid the border blockade imposed by Karnataka in the wake of COVID-19 outbreak. 

The order was passed while considering a Special Leave Petition filed by Karnataka against the Kerala High Court's order directing removal of border blockade to allow passage for patients from Kasargod district seeking medical services in Mangaluru.  

A bench comprising Justices L Nageswara Rao and Deepak Gupta had then posted the matter on April 7.

The case pertains to blocking of National Highway by Karnataka, which resulted in denial of access to health services in Managaluru for Keralites residing near Karnataka border. After the 21-day national lockdown was declared on March 24, the authorities in Karnataka erected mud embankments on the arterial inter-state roads to Kerala. Nine patients have reportedly died after Karnataka police refused entry to ambulances ferrying them from places in border district of Kasargod in Kerala to Mangaluru, a preferred destination for treatment for border residents owing to proximity. 

The High Court had held that Karnataka's road blockade resulted in the denial of access to health services, which amounted to infringement of right to life under Article 21. It also affected right to freedom of movement under Article 19(1)(d) of the Constitution, said the HC.

The HC had observed that the blockade would lead to catastrophic results in Kasargod, as people near border had been relying on hospitals in Karnataka owing to proximity. The HC said that it was "compelled" to pass the orders, as the delay would lead to loss of lives.

The Court passed the directions to the Union Government on the reasoning that the arterial roads that connect Mangalore in Karnataka to Kasaragod in Kerala are part of the National Highway network and it is therefore the duty of the Central Government to ensure that the said roads are kept free of blockades. Additionally, the Court observed that the guidelines issued by the Union Home Ministry under the Disaster Management Act had exempted emergency medical services from the ambit of lockdown.

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