Kerala HC Directs Union Govt To Remove Karnataka's Border Blockade For Emergency Medical Cases [Read Order]

In a notable order, the High Court of Kerala on Wednesday directed the Union Government to remove the border blockade imposed by Karnataka to allow entry for patients from Kerala to access emergency medical care in hospitals in Karnataka.The Court 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. 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, observed the Court."We, therefore, direct the Central Government to forthwith intervene in the matter and ensure that the blockades erected by the State of Karnataka, on the National Highways connecting the said State to the State of Kerala, are removed forthwith, and without any further delay, so as to facilitate the free movement of vehicles carrying persons for urgent medical treatment, across the border between the two States. We may re-iterate that we expect the Central Government to act expeditiously in this matter, taking note of the human lives that are at stake", the Court ordered.The Court said that it had "no option but to pass the order" with a view to protect the fundamental rights of the people during the "grim period in our country's history". Any further delay in resolving the stalemate could be catastrophic for the residents of Kasargod District in Kerala, said the HC. It said that it felt "compelled" to issue directions to the Central Government today because any further delay in issuing directions could entail loss of precious lives of citizens. The Court observed :"The right of a citizen to move freely throughout the territory of India, subject to reasonable restrictions that may be imposed in the interests of the sovereignty and integrity of India, the security of the State, public order etc. is recognised under Art.19 (1)(d) of our Constitution. A citizen also has a fundamental right to life and personal liberty guaranteed to him by the State under Art.21 of our Constitution. Both these rights are simultaneously infringed in the case of a resident of the State of Kerala when he/she is denied entry into the State of Karnataka for availing medical treatment, or is deprived of essential articles of food that are being transported into the State through blockades erected by the State of Karnataka. We cannot forget that India is a signatory to the International Convention on Economic, Social and Cultural Rights, Art.12 of which obliges all State Parties to the Convention to recognise the right of everyone to the highest attainable standard of physical and mental health, and to take steps for the creation of conditions which would assure to all, medical service and medical attention in the event of sickness. Our Courts have since read in these obligations into the guarantee assured to our citizens under Art.21 of our Constitution. We are also of the view that the restrictions imposed on the transportation of essential articles of food would amount to a breach of the rights protected under Arts.301-304 of our Constitution".The Court also rejected the argument by Karnataka Government that Kerala HC has no jurisdiction over the issue."The fundamental rights guaranteed to each Citizen of India under our Constitution, are to be zealously protected by the State, which term refers jointly to the Centre, the States and the Union Territories that together constitute the Union of India. The said Federal principle is eloquently and succinctly expressed in Art.1 of our Constitution, which states "India, that is Bharat, shall be a Union of States". The State Government of Karnataka cannot therefore be heard to contend that it is not obliged to respect the fundamental right of a citizen who resides outside its territorial limits. So long as it is an integral part of the Union of India, the State of Karnataka has necessarily to respect, and guarantee, the fundamental rights of a citizen of this country, irrespective of the place of his residence or domicile within the country. We sincerely hope that the State Government of Karnataka will take note of the said basic principles enshrined in our Constitution and take immediate steps to resolve the present stalemate".The Court also observed that when a High Court of a State in the Union of India, finds and declares the actions of the executive Government of another State to be illegal and unconstitutional, the said State Government would be obliged, under the Constitution, to defer to the said declaration of law by a Constitutional Court of this Country, notwithstanding that the said Court is situated beyond the territorial limits of the said State.A bench comprising Justices A K Jayasankaran Nambiar and Shaji P Chaly passed the interim order a...

Kerala HC Directs Union Govt To Remove Karnataka's Border Blockade For Emergency Medical Cases [Read Order]

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"The State Government of Karnataka cannot be heard to contend that it is not obliged to respect the fundamental right of a citizen who resides outside its territorial limits", HC said.

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