Access to the treatment of one’s choice is a fundamental right of every citizen” — a strong argument by senior Supreme Court lawyer Kapil Sibal


The country’s well-known and veteran jurist Kapil Sibal presented very impressive legal arguments while advocating an important case in the court today. Citing Article 21 (Right to Life and Personal Liberty) of the Indian Constitution, Sibal clearly said before the court that the right to live a dignified life also includes health and the right to choose treatment of one’s own choice. He urged the Court that no person can be deprived of better health facilities against his will or due to administrative hurdles, hence the matter needs immediate intervention.

High Court’s quick decision: Seeing the seriousness of the case, agreed to hear it today itself.

The logical and constitutional arguments of senior lawyer Kapil Sibal had an immediate impact on the Honorable High Court. Sensing the sensitivity of the case and the emergency situation, the court bypassed the administrative procedures and said that this petition will be heard in detail today itself. This unexpected and positive attitude of the court has brought great relief to the petitioner side, because generally such cases get long dates. This quick action of the court is being greatly appreciated in the legal circles.

Why was there a debate on freedom to choose treatment? Know what is the main controversy

According to legal experts, this entire matter is related to the administrative restrictions related to changing the hospital or going abroad for the treatment of a VVIP or a citizen. When legal obstacles are created in the way of treatment by the administration or any investigating agency, then this question of fundamental rights becomes very important. Underlining this point, Kapil Sibal explained to the court that when the health and life of a person is at stake, technical and paper rules should not be allowed to come in the way of the safety of life.

This decision has far-reaching implications on public interest and legal front.

The decision of the High Court to hold the hearing today itself is being considered as a very important precedent. Legal analysts say that this order will become a big safety net in the future for all those citizens who are not able to get the medical treatment of their choice due to government policies, restrictions of investigating agencies or jail manuals. Now all eyes are on the final cross-examination in the court room and the final decision of the judges, which can set a new definition of ‘Right to Health’ in the country.