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Bombay HC says patients dying for lack of oxygen is violation of right to life

The bench said that in the face of so many deaths in the state, any due to the lack of oxygen, the court cannot be in denial and neither should the state be.

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ILNS: The Goa bench of the Bombay High Court has come out strongly against the desperate situation of the citizens of the country and for those gasping for breath in this Covid pandemic, ruling that the fundamental right to life of a citizen is completely violated if he/she dies for the lack of oxygen.

The order was passed by the bench of Justices M.S. Sonak and N.W. Sambre. The bench made it clear that authorities must make all effort to make sure that oxygen is available to a patient desperately needing it and that authorities cannot ignore such needs. That, said the court, was violative of Article 21.

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The bench said that in the face of so many deaths in the state, any due to the lack of oxygen, the court cannot be in denial and neither should the state be. The bench observed: “It is not our intention or role or expertise to go into supply, logistics etc. (But) as a Constitutional court we recognise right to life and have to ensure life is protected Article 21 is completely violated if people die due to lack of Oxygen”.

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