High CourtDivision BenchPetition disposed of.

Pt. Parmanand Katara v. Union of India & Ors.

Case / Petition Number:Writ Petition (Criminal) No. 270 of 1988
Neutral Citation:1989 (3) SCR 999

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Ranganath Misra
  • G. L. Oza
Judgment Date
1989-08-28
Court Decision / Holding
The Court held that Article 21 imposes a fundamental obligation on the State to preserve life and that preserving life is of paramount importance. It ruled that the medical profession’s duty to extend immediate life-saving care is total, absolute, and paramount, and that laws or state actions that delay treatment cannot be sustained. Zonally regulated practices cannot impede urgent care; the guidelines from the 1985–86 committee must be given effect. The judgment ordered wide publicity of these principles through media and dissemination to High Courts, Sessions Judges, medical colleges, and State Governments, with three months for objections. It concluded with no costs and a directive to follow the decision until altered.
Final Disposition
Petition disposed of.

Parties to the Case

Appellants / Petitioners

  • Pt. Parmanand Katara

Respondents

  • Union of India
  • Secretary, Ministry of Health & Family Welfare
  • Medical Council of India
  • Indian Medical Association

Legal Representation & Advocates

Counsels for Petitioners

  • • Pt. Parmanand Katara (in person)

Counsels for Respondents

  • • A. D. Singh
  • • U. R. Lalit
  • • R. B. Misra
  • • Ms. A. Subhashini
  • • B. R. Agarwala
  • • Ms. Sushma Manchanda
  • • Ms. Suman Rastogi
  • • Ms. Indu Malhotra (N.P.)

Case Synopsis & Summary

Pt. Parmanand Katara filed a public interest writ under Article 32 asserting a hospital neglect incident reported in a Hindustan Times piece: a scooterist knocked down by a speeding car was brought to the nearest hospital, but doctors allegedly refused to attend and directed care to a medico-legal hospital 20 kilometers away. The victim died before reaching the alternative facility. The petitioner sought directions to the Union of India to ensure immediate medical aid to preserve life and allow the procedural criminal law to operate only thereafter to avoid negligent death, with compensation for breach. The Union of India, the Medical Council of India, and the Indian Medical Association were impleaded and furnished affidavits, recalling a 1985 Standing Committee on Forensic Medicine and 1986 guidelines urging immediate treatment without waiting for police formality and recommending indemnity for doctors who act in emergencies. The Court reminded that Article 21 imposes a fundamental State obligation to preserve life and that the life of both the innocent and the guilty cannot be sacrificed due to procedural delays. It held the medical profession’s duty to save life as absolute and paramount, and that procedural laws must yield to this duty. The Court directed wide publicity of the ruling, circulated it to High Courts and medical bodies, and mandated adherence until altered, with no costs awarded.

Provisions of Law Cited

Constitution of India, Article 21Indian Medical Council Act, 1860, Section 33Code of Medical Ethics—Clauses 10 and 13 (approved under s. 33 of the Indian Medical Council Act)Criminal Procedure CodeIndian Penal CodeMotor Vehicles ActEvidence Act

Legal Doctrines & Maxims

  • Preservation of life is of paramount importance under Article 21; life cannot be restored once lost (status quo ante cannot be restored).
  • Social laws do not contemplate death by negligence as a legal punishment.
  • The duty of medical professionals to extend life-saving treatment is a total, absolute, and paramount obligation.
  • Laws of procedure must yield to the medical obligation to save life; no lawful provision may unduly impede urgent medical care.
  • Zonal regulations or classifications cannot fetter the discharge of the medical duty to treat immediately.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner urged that injured citizens be provided immediate medical aid to preserve life, with the criminal process or formalities to follow only after life-saving care. He sought directions to ensure prompt treatment in all hospitals (public/private) and indemnity to doctors for acting without undue police/the formalities delay. He relied on the need to amend legal provisions that impede urgent care and to create protections so doctors are not harassed for providing emergency treatment. He attached a Hindustan Times report on a road accident illustrating delayed treatment and advocated public awareness of the obligation on medical professionals.

Contentions of Respondents

The respondents contended there is no legal impediment to prompt treatment; medical ethics already require prompt care. They highlighted guidelines by the Medical Council of India and restated that formalities should not hinder treatment but argued that law does not necessitate a blanket judicial directive. They pointed to existing statutes and argued for a balance between life-saving duties and proper procedures, including potential amendments to adequately protect doctors from harassment while ensuring accountability. They emphasized dissemination of ethics codes and the need for administrative action rather than a sweeping rule that could undermine due process.

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Extracted Judgment Text

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PT. PARMANAND KATARA _v._ UNION OF INDIA & ORS. AUGUST 28, 1989 [RANGANATH MISRA AN!' G.L. OZA, JJ.J _Constitution_ _of India,_ _1950:_ _Article 21-0bligation on the State_ _to preserve_ _life-Every_ _doctor has professional obligation to extend_ _services to protect life-All Government hospitals/Medical institutions_ _?'"/_ _to provide immediate medical aid in all cases._ _Indian Medical Council Act,_ _1860:_ _Section_ _33-Indian_ _Medical_ _CounciU Code_ _of Medical_ _Ethics-Clauses_ _JO_ _and_ _13-0bligation_ _to_ _sick-Patient not to be_ _neglected-Court emphasized necessity_ _to_ _pro-_ _vide immediate medical aid._ A B c _Practice and Procedure: Medical professional-Law_ _courts will_ D _not summon unless evidence is_ _necessary-Should not be made to_ _wait_ _and waste time unnecessarily._ E F G ~-. The petitioner, who claims himself to be a human right activist, filed this writ petition in public interest on the basis of a newspaper report concerning the death of a scooterist who was knocked down by a speeding car, The report further states that the injured person was taken to the nearest hospital but the doctors there refused to attend on him; that they told that he be taken to another hospital, located some 20 kilometers away, which was authorised to handle _medico-legal_ cases; and that the victim succumbed to his injuries before he could be taken to the other hospital. The petitioner has prayed the directions be issued to the Lnion of India that every injured citizen brought for treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death, and in the event of breach of such direction, apart from any action that may be taken for negligence, appropriate compensation should be admissible. The Secretary, Ministry of Health & Family Welfare of the Union of India, the Medical Cou'icil of Inrtia, and the Indian Medical Association were later impleaded as respondents. Documents relating to the steps taken from time to ti"'e in this H 997 998 SUPREME COURT REPORTS [1989] 3 S.C.R. A. regard were produced by the respondents. Reference was made to the A Code of Medical Ethics drawn up by the Medical Council of India, 1 wherein the need to attend to the injured1serious persons immediately without waiting for the police report or completion of police formalities was recognised and the Government of India was requested to take,,~ necessary and immediate steps to amend various provisions of law B which come in the way of government doctors as well as other doctors in ##### " private hospitals or public hospitals in this regard. The proceedings of the meeting held on 29.5.1986 in which the Director General of Health ### I Services acted as Chairman were also referred to. This Committee had formulated some guidelines. On behalf of the Union of India it was ~ -stated that there was no provision in the Indian Penal Code, Criminal c doctors from promptly attending seriously injured persons and accident [Procedure Code, or the Motor Vehicles Act, etc. which prevented ] -~ cases before the arrival of police. Disposing of the Writ Petition, this Court, D HELD: (I) Article 21 of the Constitution casts the obligation on the State to preserve life. [1005G] (2) There can be no second opinion that preservation of human (2) There can be no second opinion that preservation of human life is of paramount importance. That is so on account of the fact that >once life is lost, the _status quo ante_ cannot be restored as resurrection is E [beyond the capacity of man. ] [[1005F] ] ,. (3) The patient whether he be an innocent person or a criminal liable to punishment under the laws of the society, it is the obligation of those who are incharge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished. ~ F Social laws do not contemplate death by negligence to tantamount to legal punishment. [1005F] (4) Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life. [i006A] G (5) No law or State action can intervene to avoid/delay the dis- .... charge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure whether in statute or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, thereH fore, give way. [i006B] PT. PARMANAND _v._ U.0.1. 999 _!_ 6) The Court gave directions for giving adequate publicity to the decision in this case by the national media, the Doordarshan and the all India Radio, as well as through the High Courts and the Sessions Judges. [I006E-F] _Per G.L._ _Oza,_ _J._ _(concurring)_ (1) The Code of Medical Ethics framed by the Medical Council was approved on 23rd October, 1970. This only reveals an unfortunate state of affairs where the decisions are taken at the highest level good intentioned and for public good but unfortunately do not reach the common man and it only remains a text good to read and attractive to quote. l1007D-EJ (2) It is clear that there is no legal impediment for a medical professional when he is called upon or requested to attend to an injured person needing his medical assistance immediately. There is also no doubt that the effort to save the person should be the top priority not only of the medical professional but even of the police or any other citizen who happens to be connected with the matter or who happens to notice such an incident or a situation. l IOOSF] (3) The members of the legal profession, our law courts and everyone concerned will also keep in mind that a man in the medical profession should not be unnecessarily harassed for purposes of interrogation or for any other formality and should not be dragged during investigations at the police station and it should be avoided as far as possible. [1009CJ ( 4) Law courts will not summon a medical professional to give **evidence unless the evidence is necessary and even if he is summoned,** attempt should be made to see that the men in this profession are not made to wait and waste time unnecessarily. [I009D] ORIGINAL JURISDICTION: Writ Petition (Criminal) No. 270 of 1988. (Under Article 32 of the Constitution of India). Pt. Parmanand Katara-in-person. A B c D E F G A.D. Singh, U.R. Lalit (N.P.). R.B. Misra, Ms. A. Subhashini, B .R. Agarwala, Ms. Sushma Manchanda, Ms. Suman Rastogi and Ms. H 1000 SUPREME COURT REPORTS [1989] 3 S.C.R. Jndu Malhotra (N.P.) for the Respondenis. **J..** A The following Judgments of the Court were delivered .. **RANGANATH** **MISRA,** **J.** The petitioner who claims himself to The following Judgments of the Court were delivered be a 'small human right activist and fighting for the good causes for the 8 general public interest' filed this application under Article 32 of the _**r**_ Constitution asking for a direction to the Union of India that every **i** injured citizen brought for treatment should instantaneously be given should be allowed to operate in order medical aid to preserve life and thereafter the procedural criminal to avoid negligent death and law in ......,, the event of breach of such direction, apart from any action that may,.c [be taken for negligence, appropriate compensation should be admissi-] ble. He appended to the writ petition a report entitled .'Law helps the ~ injured to die' published in the Hindustan Times. In the said publication it was alleged that a scooterist was knocked down by a speeding car. Seeing the profusely bleeding scooterist, a person who was on the road picked up the injured and took him to the nearest hospital. The D doctors refused to attend on the injured and told the man that he should take the patient to a named different hospital located some 20 k;ilometers away authorised to handle _medico-legal_ cases. The samaritan carried the victim, lost no time to approach the other hospital but 8 before he could reach, the victim succumbed to his injuries. _t_ E The Secretary, Ministry of Health & Family Welfare of the Union of India, the Medical Council of India and the Indian Medical Association were later impleaded as respondents and return to the rule ~ has been made by each of them. On behalf of the Union of India, the Under Secretary in the Ministry of Health & Family Welfare filed an r affidavit appending the proceedings of the meeting held on 29.5.1986 ~ **F** in which the Director-General of Health Services acted as Chairman. Along with the affidavit, decisions of papers relating to the steps taken from time to time in matters relating to matters relevant to the application but confined to the Union Territory of Delhi were filed. A report in May, 1983, submitted by the Sub-Committee set up by the Home Department of the Delhi Administration on _Medico-Legal_ G [Centres and ] _[Medico-Legal ]_ [Services has also been produced. The ][Sec-] retary of the Medical Council of India in his affidavit referred to .-<. clauses 10 and 13 of the Code of Medical Ethics drawn up with the approval of the Central Government under s. 33 of the Act by the Council, wherein it had been said: H "10. _Obligations to the sick:_ A B c PT. PARMANAND'v. U.0.I. [MISRA, J.] 1001 Though a physician is not bound to treat each and every one asking his services except in emergencies for the sake of humanity and the noble traditions of the profession, he should not only be ever ready to respond to the calls of the sick and the injured, but should be mindful of the high character of his mission and the responsibility he incurs in the discharge of his ministrations, he should never forget that the health and the lives of those entrusted to his care depend on his skill and attention. A physician should endeavour to add to the comfort of the sick by making his visits at the hour indicated to the patients. 13. _The patient must not be neglected:_ A physician is fee to choose whom he will serve. He should, however, respond to any request for his assistance in an emergency or whenever temperate public opinion - expects the service. Once having undertaken a case, the physician should not neglect the patient, nor should he D withdraw from the case without giving notice to the patient, his relatives or his responsible friends sufficiently long in advance of his withdrawal to allow them to secure another medical attendant. No provisionally or fully registered medical practitioner shall wilfully commit an act of negligence that may deprive his patient or patients from E **necessary medical care."** The affidavit has further stated: "The Medical Council of India therefore expects that all medical practitioners must attend to sick and injured F immediately and it is the duty of the medical practitioners to make immediate and timely medical care available to every injured person whether he is injured in accident or otherwise. It is also submitted that the formalities under the Criminal Procedure Code or any other local laws should not stand in the way of the medical practitioners G attending an injured person. It should be the duty of a doctor in each and every casualty department of the hospital to attend such person first and thereafter take care of the formalities under the Criminal Procedure Code. The life of a person is far more important than the legal formalities. In view of this, the deponent feels that it is in H A B c D E F 1002 SUPREME COURT REPORTS [1989] 3 S.C.R. the interest of general human life and welfare that the Government should immediately make such provisions in law and amendments in the existing laws, if required, so that immediate medical relief and care to injured persons and/or serious patients are available without any delay and without waiting for legal formalities to be completed in the presence of the police officers. The doctor attending such patients should be indemnified under law from any action by the Government/police authorities/any person for not waiting for legal formalities before giving relief as a doctor would be doing his professional duty; for which he has taken oath as medical practitioner. It is further submitted that it is for the Government of ' India to take necessary and immediate steps to amend various provisions of law which come in the way of Government Doctors as well as other doctors in private hospitals or public hospitals to attend the injured/serious persons immediately without waiting for the police report or completion of police formalities. They should be free from fear that they would be unnecessarily harassed or prosecuted for doing his duty without first complying with the police formalities .......... It is further submitted that a doctor ."/ should not feel himself handicapped m extending immediate help in such cases fearing that he would be harassed by the Police or dragged to Court in such a case. It is submitted that Evidence Act should also be so amended as to provide that the Doctor's diary maintained in regular course by him in respect of the accident cases would be accepted by the courts in evidence without insisting the ~· doctors being present to prove the same or subject himself to cross-examination/harassment for long period of time." f,:,, The Indian Medical Association which is a society registered under Act 21 of 1860 through its Secretary has stated in the affidavit that the number of deaths occurring on account of road accidents is on the G increase due to lack of timely medical attention. In the affidavit it has further stated: ".The second reason is on account of the prevailing police rules and Criminal Procedure Code, which necessitate the fulfilment of several legal formalities before a victim can be rendered medical aid. The rationale behind this com ###### • --{ t • --· • -r- ., ~ PT. PARMANAND _v._ U.0.i, [MISRA, J,] 1003 plicated procedure is to keep all evidence intact However, ·time given to th°b fulfilment of these legal.,technicalifies sometimes takes away the life of a person seriously injured: Members of public escorting the injured to. the nearest hospital are reluctant to disclose their name or identity as he is detained for eliciting information and niay be required to be called for evidence to Courts in future. Similarly, the private practising doctors are harassed by the police and are, therefore, reluctant to accept the roadside casualty . It is submitted that human life is more valuable and must be preserved at all costs and that every member of.the medical profession, may, every human being, is under an obligation to provide such aid to another as may be necessary to help him survive from near-fatal accidents.,,. The Committee under :he Chairmanship of the Director-General of Health Services referred to above had taken the following decisions: "'l .. Whenever any _medico-legal_ case attends the hospital, the medical officer on duty should inform the Duty Constable, name, age, sex of the patient and place and time of occurrence of the incident, and should start the required treatment pf the patient. It will be the duty of the Constable A B c D on duty to inform the concerned Police Station or higher E police functionaries for further action. Full medical report should be prepared and given to the Police, as soon as examination and treatment of the patient is over. _The treatment of the patient would.·not wait_ _for the arrival_ _of the Police or completing_ _the_ _legal for-_ F _malities._ ' 2: Zonalisation as has been worked out for the hospitals to deal with _medico-legal_ cases will only apply to those cases brought by the Police. The _medico-legal_ cases coming to hospital of their own (even if the incident has occurred in G the zone of other hospital) will not be denied the treatment by the hospital where the case reports, nor the case will be referred to other hospital because the incident has occurred in the area which belongs to the zone of any other hospital. The same police formalities as given in para 1 above will be followed in these cases. H ~ A B 1004 SUPREME COURT REPORTS [1989] 3 S.C.R. _All Government Hospitals, Medical Institutes should_ _be asked to provide the immediate medical aid to all the_ _cases irrespective_ _of the fact whether they_ _are_ _medico-legal_ _cases_ _or_ _otherwise._ The practice of certain Government institutions to refuse even the primary medical aid to the patient and referring them to other hospitals simply because they are _medico-legal_ cases _is_ _not desirable._ However, after providing the primary medical aid to the patient, patient can be referred to the hospital if the expertise facilities required for the treatment are not available in that Institution." (underlining are ours) c To the said affidavit of the Union of India also, the minutes of the 10th Meeting of the Standing Committee on Forensic Medicine (a Committee set up by the Ministry of Home Affairs of the Government of India) held on 27.4.1985 have been appended. These minutes show that the Committee was a high-powered one consisting of the DirectorD General, the Joint Secretary of the Ministry of Health of the Government of India, a Professor from the All Indian Institute of Medical Sciences, the Professor of Forensic Medicine from Maulana Azad Medical College, New Delhi, the Director & Professor of Forensic Medicine, Bhopal, the Deputy Director, Central Forensic Science Laboratory, Calcutta and certain officers of the Ministry. The proE ceedings indicate that the Director-Generals of Police, Tamil Nadu and Uttar Pradesh were also members of the Committee. From the proceedings it appears that the question of providing _medico-legal_ facilities, at the upgraded primary health centres throughout the country was under consideration but the Committee was of the opinion F that time was not ripe to think of providing such facilities at the upgraded primary health centres. One of the documents which forms part of the Union of India's affidavit is the copy of a letter dated 9th of May, 1978 which indicates that a report on some aspects of _Medico-_ _Legal_ Practice in India had been prepared and a copy of such report was furnished to the Health Secretaries of all the States and Union Territories more than eleven years back. G From these documents appended to the affidavit of the Union of,.\, India, it is clear that the matter has been engaging the attention of the Central Government as also of the Governments of the States and the Union Territories for over a decade. No improvement of the situation, however, is perceptible and the problem which led to the filing of this H petition seems to exist in hospitals and private nursing homes and clinics throughout the country. ., . )l;: PT. PARMANAND _v._ U.0.1. [MISRA, J.] 1005 _.>._ In course of the hearing, we directed the petitioner to place on A record for the consideraton of the· Court and the respondents a draft guideline which could be prescribed to ease the situation keeping the professional ethics in view. When the same was filed, copies thereof were circulated to the respondents and all parties have been heard on _--{_ the basis of the guidelines submitted on behalf of the petitioner. B The Medical Council of India has placed on record a copy of the Code of Medical Ethics and counsel has made a statement that there is no prohibition in law justifying the attitude of the doctors as com.•. plained. On the other hand, he stated that it is a part of the profes_·r:-_ sional ethics to start treating the patient as soon as he is brought before ~ the doctor for medical attention inasmuch as it is the paramount obli- c gation of the doctor to save human life and bring the patient out of the risk zone at the earliest with a view to preserving life. In the affidavit filed on behalf of the Union of India on 3rd August, 1989, it has been said: "There are no provisions in the Indian Penal Code, Crimi- D nal Procedure Code, Motor Vehicles Act etc. which prevent Doctors from promptly attending seriously injured persons and accident case before the arrival of Police and -\ their taking into cognisance of such cases, preparation of persons and accident case before the arrival of Police and -\ their taking into cognisance of such cases, preparation of F.l.R. and other formalities by the Police. However, the deponent most humbly submits that the respondent shall E always abide by the directions and guidelines gi.ven by the Hon'ble Court in the present case." # - There can be no second opinion that preservation of human life always abide by the directions and guidelines gi.ven by the Hon'ble Court in the present case." There can be no second opinion that preservation of human life _·1_ [is ][of ][paramount importance. That ][is ][so ][on account of the fact that once ] life is lost, the _status quo ante_ cannot be restored as resurrection is F beyond the capacity of man, The patient whether he be an innocent person or be a c.riminal liable to punishment under the laws of the society, it is the obligation of those who are in-charge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished. Social laws do not contemplate death by negligence to tantamount to legal punishment. G A Article 21 of the Constitution casts the obligation on the State to preserve life. The provision as explained by this Court in scores of decisions has emphasised and reiterated with gradually increasing emphasis that position. A doctor at the Government hospital positioned to meet this State obligation is, therefore, duty-bound to H 1006 SUPREME COURT REPORTS [1989] 3 S.C.R. extend medical assistance for preserving life. Every doctor whether at <\ a Government hospital or otherwise has the professional obligation to "' extend his services with due expertise for protecting life. No law or State action can intervene to avoid/delay the discharge of the paramount obligation cast upon members of the medical profession. The obligation being total, absolute and paramount, laws of procedure _r_ B whether in statutes or otherwise which would interfere with the discharge of this obligation cannot be sustained and must, therefore, give way. On this basis, we have not issued notices to the States and Union Territories for affording them an opportunity of being heard before we,~ accepted the statement made in the affidavit of the Union of India that ·- accepted there is no impediment in the law. the statement made in the affidavit of the Union The matter is extremely urgent and of India that "'·,~ c in tion our and view, brooks assure him no of the position that he does delay to remind every doctor not contravene the law of his total obliga- .+ of the land by proceeding to treat the injured victim on his appearance / before him either by himself or being carried by others. We must make it clear that zonal regulations and classifications cannot also operate as fetters in the process of discharge of the obligation and irrespective of D the fact whether under instructions or rules, the victim has to be sent elsewhere or how the police shall be contacted, the guideline indicated in the 1985 decision of the Committee, as extracted above, is to become operative. We order accordingly. _'!-_ We are of the view that every doctor wherever he be within the E territory of India should forthwith be aware of this position and, therefore, we direct that this decision of ours shall be pubhshed in all journals reporting decisions of this Court and adequcte poblicity highlighting these aspects should be given by the national media as also through the Doordarshan and the All India Radio. The Registry shall forward adequate number of copies of this judgment to every High ###### t F Court so that without delay _the_ respective High Courts can forward them to every Sessions Judge within their respective jurisdictions and the Sessions Judges in their turn shall give due publicity to the same within their jurisdictions. The Medical Council of India shall forward copies of this judgment t_o every medical college affiliated to it. Copies of the judgment shall be forwarded to every State Government with a G direction that wide publicity should be given about the relevant aspects so that every practising doctor would soon become aware of the A position. In case the State Governments and the Union Territor_i_es which have not been heard file any representation against the direction, they H shall have liberty to appear before this Court and ask for appropriate _).._ PT. PARMANAND _v._ U.0.1. [OZA, J.] direction within three months from now. Applications filed after that date shall not be entertained by the Registry of this Court. Until altered, this judgment shall be followed. Before we part with the case, we place on record our appreciation of the services rendered by the petitioner by inviting the attention of the Court to the problem raised in this case. We must also place on record out appreeiation of the cooperation and understanding exhibited by the Union of India in the relevant Ministry, 'the Medical Council of India and the Indian Medical Association. No order for costs. A B OZA; J. I entirely agree with what has been observed by my C learned brother and also agree with the directions indicated in the Order made by Hon'ble Shri Justice R.N. Misra but I would like to add: - As has been quoted by my learned brother, a high power committee by the Government of India was appointed at a high level and this was long before and the proceedings of 29th May, 1986 have been filed and have also been quoted. The Medical Council of Indiia alongwith their affidavit have filed Code of Medical Ethics which everyone in the medical profession is expected to follow but still the news item which is the starting point of this petition is of 1988. The Code of Medical Ethics framed by the Medical Council was approved on 23rd October, 1970. This only reveals an unfortunate state of affairs where the decisions ate taken at the higher. level good intentioned and for public good but unfortunately do not reach the common man and it only remains a text good to read and attractive to quote. 1t could hot be fOrgottefi mat seeing an injured inan in a miser· able condition the human ifistifict of every citizen ruoves him to rush for help and do all that can be done to save the life. lt oould not be disputed that inspite of development economical, poiitical and cultural still citizefis are human beings and all the more when a man in such a miserable state hanging between life and death reaches the medical pi:_actitioner either in a hospital (run or managed by the State) public authority or a private person or a medical professional doing only private practice he is always called upon to rush to help such an injured person and to do all that is within his power to save life. So far as this duty of a medical professional is concerned its duty coupled with human instinct, it needs no decision nor any code of ethics nor any rule or Jaw. Still in the Code of Medical Ethics framed bv the Medical Council of India Item 13 specifically provides for it. ltem 13 reads as under: D E F G H A B c 1008 SUPREME COURT REPORTS [1989] 3 S.C.R. "13. The patient must not be neglected. A physician is free to choose whom he will serve. He should, however, respond to any request for his assistance in an emergency or whenever temperate public opinion expects the service. Once having undertaken a case, the physician should not neglect the patient, nor should he withdraw from the case without giving notice to the patient, his relatives or his responsible friends sufficiently long in advance of his withdrawal to allow them to secure another medical attendant. No provisionally or fully registered medical practitioner shall wilfully commit an act of negligence that may deprive his patient or patients from necessary medical care." Medical profession is a very respectable profession. Doctor is looked upon by comman man as the only hope when a person is hanging between life and death but they avoid their duty to help a person D when he is facing death when they know that it is a _medico-legal_ case. To know the response of the medical profession the Medical Council of India and also the All India Medical Association were noticed and were requeste.d to put up their cases. Some apprehensions were expressed because of some misunderE standing about the law of procedure and the police regulations and the priorities in such situations. On the basis of the affidavit filed by the Union of India and considering the matter it is clear that there is no legal impediment for a medical professional when he is called upon or requested to attend to an injured person needing his medical assistance immediately. There is also no doubt that the effort to save the F person should be the top priority not only of the medical professional but even of the police or any other citizen who happens to_ be connected with the matter or who happens to notice such an incident or a situation. But on behalf of the medical profession there is one more apprehension which sometimes prevents a medical professional in spite of his desire to help the person, as he apprehends that he will be G witness and may have to face the police interrogation which sometimes may need going to the police station repeatedly and waiting and also to be a witness in a court of law where also he apprehends that he may have to go on number of days and may have to wait for a long time and may have to face sometimes long unnecessary cross-examination which sometimes may even be humiliating for a man in the medical profesH sion and in ~ur opinion it is this apprehension which prevents a medi PT. PARMANAND _v._ U.0.1. [OZA, J.] 1009 ,1 cal professional who is not entrusted with the duty of handling A medico-legal cases to do the needful, he always tries to avoid and even if approached directs the person concerned to go to a State hospital and particularly to the person who is in charge of the medico-legal cases. We therefore have no hesitation in assuring the persons in the ~ medical profession ation, should not prevent that these apprehensions, even them from discharing their duty if have some found-as a medical medical profession that these apprehensions, even if have some foundation, should not prevent them from discharing their duty as a medical B professional to save a human life and to do all that is necessary but at the same time. We hope and trust that with this expectation from the .. members of the medical profession, the policy, the members of the legal profession, our law courts and everyone concerned will also keep ·-,.. in mind that a man in the medical profession should not be unnecessar ily harassed for purposes of interrogation or for any other formality c ~ and should not be dragged during investigations at the police station and it should be avoided as far as possible. We also hope and trust that our law courts will not summon a medical professiopal to give evidence ' unless the evidence is necessary and even if he is summoned, attempt should be made to see that the men in this _profession are not made to wait and waste time unnecessarily and it is known that our law courts D always have respect for the men in the medical profession and they are called to give evidence when necessary and attempts are made so that -\ they that ifis may expected not have to wait for long. We have no hesitation in saying of the members of the legal profession which is the ~ -\ they that ifis may expected not have to wait for long. We have no hesitation in saying of the members of the legal profession which is the other honourable profession to honour the persons in the medical profession and see that they are not called to give evidence so long as it E is not necessary. It is also expected that where the facts are so clear it is expected that necessary harassment of the members of the medical profession either by way of requests for adjournments or by cross examination should be avoided so that the apprehension that the men in the medical profession have which prevents them from discharging their duty to a suffering person who needs their assistance utmost, is F removed and a citizen needing the assistance of a man in the medical profession receives it. ## " examination should be avoided so that the apprehension that the men in the medical profession have which prevents them from discharging their duty to a suffering person who needs their assistance utmost, is F removed and a citizen needing the assistance of a man in the medical profession receives it. We would also like to mention that whenever on such occasions a man of the medical profession is approach!'d and if he finds that whatever assistance he could give is not sufficient really to save the life of G _,J.._ the person but some better assistance is necessary-it is also the duty of the man in the medical profession so approached to render all the help which he .could and also see tiiat the person reaches the proper expert as early as possible. #### l the man in the medical profession so approached to render all the help which he .could and also see tiiat the person reaches the proper expert as early as possible. R.S.S. Petition disposed of. H