North India Statesman
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News India Live, Digital Desk: Justice of Jharkhand High Court Sanjay Kumar Dwivedi The court has issued an important order keeping the right to personal liberty and health paramount. The court clarified that no citizen can be stopped from going abroad for better medical facilities merely because there is a legal case pending against them, provided they comply with the conditions of the court.
1. What was the matter? (The Context)
Former MLA Nirmala Devi and her husband Yogendra Sao are accused in several criminal cases (mainly Barkagaon riots).
Condition: While granting him bail, the Supreme Court and the High Court had put a condition that he should not go out of the state or country without permission.
Petition: Nirmala Devi had sought permission to travel to the US for better treatment of cancer or serious health complications, which was rejected by the lower court. After this he approached the High Court.
2. Important observations of the High Court (Key Court Observations)
The court in its decision Article 21 of the Constitution Quoting the (Right to Life and Personal Liberty) it said:
Right to Health: “The right to life also includes the right to health. If a citizen wants to get better treatment abroad as per his choice, it is his fundamental right.”
No stop on travel: The court said that it is not justified to stop someone from going abroad for treatment merely on the basis of pending cases, especially when the matter involves the life of the person.
3. Conditions imposed by the court
While allowing Nirmala Devi to go to America, the High Court has also imposed some strict conditions:
Affidavit: They will have to give a detailed affidavit that they will return to India within the stipulated time after treatment.
Financial Security: They will have to deposit security money in the court.
Contact Details: Complete information about his place of stay in America and the hospital will have to be given to the court and the concerned investigating agency.
Legal framework of fundamental rights
The extent of ‘Right to Life’ under the Constitution of India can be understood through the chart given below
