The Jharkhand High Court, in a Public Interest Litigation arising from a fatal kerosene fire incident in Hazaribagh, has issued sweeping directions to the State to establish and operationalise fully functional burn units across all district hospitals and government medical colleges within 120 days, holding that the absence of specialised burn care violates the right to health under Article 21.
The petition highlighted a tragic incident caused by allegedly adulterated kerosene supplied through the Public Distribution System, resulting in multiple deaths and severe burn injuries. It was contended that victims were denied adequate treatment due to the absence of dedicated burn care facilities and lack of essential medicines.
While declining to grant specific monetary compensation in the PIL observing that such claims require factual adjudication and are better suited for appropriate forums, the Court recognised that victims are entitled to relief under the Victim Compensation Scheme and civil remedies.
Expanding the scope of the PIL, the Court took note of a systemic failure in burn care infrastructure across the State, including non-functional burn units despite sanctioned funds and glaring inconsistencies in State affidavits regarding availability of facilities. It held that mere existence of infrastructure on paper, without equipment and trained personnel, renders the constitutional guarantee of life with dignity illusory.
Emphasising that burn injuries require specialised, time-sensitive treatment, the Court reiterated that the State cannot cite financial constraints to evade its constitutional duty to provide effective medical care. It relied on established jurisprudence recognising the right to health and emergency medical care as integral to Article 21.
Accordingly, the Court directed the State to ensure that all burn units are fully functional with trained staff, equipment, medicines, and round-the-clock services; mandated constitution of a State Monitoring Committee; and required regular oversight of infrastructure and implementation. It further directed facilitation of compensation claims for victims through the District Legal Services Authority and expedited trial of the criminal case arising from the incident.
Appearances:
For the Petitioner: Ms Diksha Dwivedi, Amicus CuriaeFor the Respondents: Mr Piyush Chitresh, A.C. to A.G.
