Is the policy the government compelling the villagers to provide two-acres of land and deposit ₹1 lakh if they want a primary health centre (PHC) in their village is justified when the citizens have right to protection of health? The Karnataka High Court posed this question to the State government during the hearing of a a PIL petition, filed by H.K. Ramchanandra and five others. The petitioners wanted a PHC in their village of Jodihocihalli of Kadur taluk in Chikkamagalur district.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi said the policy of the Government villagers requiring to provide two acres of land and deposit ₹1lakh for a PHC appears to be unjust when the citizens right to health care as per the interpretation the apex court’s judgements on the right to protection of life and personal liberty guaranteed under Article 21 of the Constitution.
Earlier, Vijayakumar A Patil, a government counsel, in response to Court’s query on whether there exists any policy to establish PHCs, said that the policy framed, in 1987, stated that the residents of a village, having population more than 30,000, were required to deposit ₹lakh and give two acres of land free of encumbrance for constructing a building if they wanted the Government to set up a PHC their village.
The villagers were also required to provide temporary building till permanent building for PHC till permanent building is constructed, it was stated on behalf of the Government while pointing out a sub-centre of PHC is esblished in a place having population of 5,000 and Community Health Centres (CHCs) is established in an having population of one lakh.
Meanwhile, Mr. Patil assured the Court that the Government will reconsider the policy as it was framed several years ago.
