CAN HOSPITAL DETAIN PATIENT FOR NON PAYMENT OF BILLS?
Hospitals often keep hostage a patient or detain dead body for non-payment of its bills. During covid19 pandemic one Mumbai Hospital bill of Rs.17 lakh was viral on social media. In Madhya Pradesh 60years patient was tied to bed by hospital authorities for non-payment of bill of small amount of Rs.10000/- approx.. Whether this is justified? What does our law say? Constitution of India under Article 21 guarantees its citizens right to personal liberty and prohibits any discrimination. It says, “Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” So if bill is unpaid one cannot detain body nor can traumatize a person who is patient in such inhuman way. In Consumer Education & Research vs Union Of India & Others 1995 AIR 922 ,Supreme Court held that, “right to health, medical aid to protect the health and vigour to a worker while in service or post retirement is a fundamental right under Article 21, read with Articles 39(e), 41, 43, 48A and all related Articles and fundamental human rights to make the life of the workman meaningful and purposeful with dignity of person.” Right to Health: Its not fundamental right but Directive Principles of State Policy part IV Article 39 to 43 deals with this aspect. Article 39 (e ) says about health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; and (f) provides that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. While Article 47 directs State to act raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. This includes Panchayats, Municipalities to endeavor under Article 243G. In Bandhua Mukti Morcha vs Union of India 1984 AIR 802, 1984 SCR (2) 67 Supreme Court held that, Right to Health is the fundamental right of every one in this country, assured under the interpretation given to Article 21 by this Court in Francis Mullen’s Case, to live with human dignity, free from exploitation. This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. High […]
Read morePARLIAMENTARY PRIVILEGES UNDER CONSTITUTION AND PRESS
Constituent Assembly: The freedom of press, as one of the members of the Constituent Assembly said, is one of the items around which the greatest and the bitterest of constitutional struggles have been waged in all countries where liberal constitutions prevail. The said freedom is attained at considerable sacrifice and suffering and ultimately it has come to be incorporated in the various written constitutions. James Madison when he offered the Bill of Rights to the Congress in 1789 is reported as having said: ‘The right of freedom of speech is secured, the liberty of the press is expressly declared to be beyond the reach of this Government’. ‘(See 1 Annals of Congress (1789-96) p. 141). Halsbury’s Law of England “Any act or Omission which obstructs any member or officer of the House in the discharge of their duties, or which has a tendency to produce such a result would constitute contempt of legislature” Earl Jowitt, (Lord Chancellor of Great Britain since 1945-51) defines the privilege in the following words, “An exceptional right of advantage, an exemption from some duty, burden or attendance to which certain persons are entitled, from a supposition of the law that the stations they fill or the offices they are engaged in, are such as require all their care, and that therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires”. In his book ‘Law Custom and Constitution’ Anson points out that, “The rules of which they (the privileges) consists are not readily ascertainable, for they obtain legal definition when they are cast in statutory form, or when a conflict between the House and the Courts have resulted in some questions of privilege being settled by judicial decisions”. Unlike England where privileges are uncodified in India its codified in the Constitution in Article 105 and 194. However what constitutes breach is uncodified. “A freedom of such amplitude might involve risks of abuse. But the framers of the Constitution may well have reflected, with Madison who was “the leading spirit in the preparation of the First Amendment of the Federal Constitution,” that “it is better to leave a few of its noxious branches to their luxuriant growth, than, by pruning them away, to injure the vigour of those yielding the proper fruits.”: [Quoted in Near v. Minnesotta] Blackstone in his Commentaries, “the liberty of the press consists in laying no previous restraint upon publications, and not in freedom from censure for criminal matter when published. Every free man has an undoubted right to say what sentiments he pleases before the public; to forbid this, is to destroy the freedom of the press.” Fundamental Rights vested under Constitution of India Amongst others inter-alia the Fundamental Rights relating to Freedom of Speech and Liberty are enshrined in Articles 19 to 22. Right to Freedom (Articles 19 – 22) Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as: Freedom of speech Freedom of expression Freedom of assembly without arms Freedom of association […]
Read moreThe Future of International Courts and Tribunals in The Hague :
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority. What is International Court of Justice (ICJ ) ? The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and it commenced its functions April 1946. For India this year is very important as it was preparing to Draft its Constitution and formed Constituent Assembly in December,1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Out of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). Early examples of international courts include the Nuremberg and Tokyo tribunals established in the aftermath of World War II. Two such courts are presently located at The Hague in the Netherlands are “the International Court of Justice (ICJ)” , and “the International Criminal Court (ICC)”. Further international courts exist elsewhere, usually with their jurisdiction restricted to a particular country or issue, such as the one dealing with the genocide in Rwanda. In addition to international tribunals created to address crimes committed during genocides and civil war, ad hoc courts combining international and domestic strategies have also been established on a situational basis. Examples of these “hybrid tribunals” are found in Sierra Leone, Lebanon, East Timor, and Cambodia. Role of ICJ: The Court’s role is to settle legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies as per provisions of its law. Composition of ICJ: The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French. List of international courts Name Scope Years active Subject matter African Court of Justice Africa 2009–present Interpretation of AU treaties African Court on Human and Peoples’ Rights Africa 2006–present Human rights Appellate Body of the World Trade Organization Global 1995–present Trade disputes within the WTO Benelux Court of Justice Benelux 1975–present Trade disputes within Benelux Caribbean Court of Justice Caribbean 2005–present General disputes COMESA Court of Justice Africa 1998–present Trade disputes within COMESA Common Court of Justice and Arbitration of the OHADA Africa 1998–present Interpretation of OHADA treaties and uniform laws Court of Justice of the Andean Community South America 1983–present Trade disputes within CAN Court of the Eurasian Economic Union Former USSR 2015–present Economic disputes and interpretation of treaties within the EAEU East African Courts of Justice Africa 2001–present Interpretation of EAC treaties Eastern Carrabian Supreme Court Caribbean 1967–present General disputes Economic Court of the Commonwealth of Independent States Former USSR 1994–present Economic disputes and interpretation of treaties within the CIS ECOWAS Community Court of Justice Africa 1996–present Interpretation of ECOWAS treaties European […]
Read moreDeed of Family Arrangement & Law
Best way to family dispute settlement is to record the terms by way of Deed of Family Arrangement or Family Settlement. What is Family Settlement? What does law say? Whether it requires registration? It attracts Stamp Duty? Now we will take up first Question What is Family Settlement? In the matter of Sahu Madho Das And Others vs Pandit Mukand Ram And Another 1955 AIR 481= 1955 SCR (2) 22 Meaning of Family Arrangement was expressed and interpreted the Courts lean in favour of family arrangements that bring about harmony in a family and do justice to its various members and avoid, in anticipation, future disputes which might ruin them all, that we have no hesitation in taking the next step (fraud apart) and upholding an arrangement under which one set of members abandons all claim to all title and interest in all the properties in dispute and acknowledges that the sole and absolute title to all the properties resides in only one of their number (provided he or she had claimed the whole and made such an assertion of title) and are content to take such properties as are assigned to their shares as gifts pure and simple from him or her, or as a conveyance for consideration when consideration is present. In Ram Charan Das vs Girija Nandini Devi 1966 AIR(SC) 323 it was held that, Courts give effect to a Family Settlement upon the broad and general ground that its object is to settle existing or future disputes regarding property amongst members of a family. The word family in the context is not to be understood in a narrow sense of being a group of persons who are recognised in law as having a right of succession or having a claim to a share in the property in dispute In Tek Bahadur Bhujil vs Debi Singh Bhujil 1966 AIR(SC) 292 Family Arrangement as such can be arrived at orally. Its terms may be recorded in writing as a memorandum of what had been agreed upon between the parties. The memorandum need not be prepared for the purpose of being used as a document on which future title of the parties be founded. It is usually prepared as a record of what had been agreed upon so that there be no hazy notions about it in future. It is only when the parties reduce the Family Arrangement in writing with the purpose of using that writing as proof of what they had arranged and, where the arrangement is brought about by the document as such, that the document would require registration as it is then that it would be a document of title declaring for future what rights in what properties the parties possess Does it require Registration? Ramgopal vs Tulshi Ram And Anr. AIR 1928 All 641 Following Principles were laid down: (1) A family arrangement can be made orally. (2) If made orally, there being no document, no question of registration arises. (3) If though it could have been made orally, it was in fact reduced to the form of a “document”, registration (when the value […]
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