The High Court on Thursday directed the health secretary to issue a circular instructing all government and private hospitals and clinics to provide treatment to people injured in accidents.
The court also directed the government to formulate rules, after amending the relevant provisions of the Road Transport Act, 2018, to ensure that victims of all types of accidents receive immediate medical care at the nearest healthcare facility.
A bench of Justice Md Habibul Gani and Justice Syed Mohammad Tajul Hossain issued the directives while disposing of a writ petition filed in the public interest.
The petition was filed by Human Rights and Peace for Bangladesh (HRPB) following the death of Ibrahim, a motor parts trader from Sonadanga in Khulna, who was injured in a mugging incident in Dhaka’s Sayedabad in 2018.
After the attack, Ibrahim was taken to a nearby Salahuddin Hospital, but he was referred to Dhaka Medical College Hospital, where he later died.
The incident drew media attention and prompted the human rights organisation to seek court intervention over the denial of emergency treatment to accident victims.
On 5 February, 2018, the High Court issued a rule asking why the authorities’ failure to ensure emergency medical care for accident victims should not be declared unlawful.
The court also sought explanations on why the government should not be directed to ensure treatment facilities at all hospitals and clinics and provide compensation to the victim’s family.
Advocate Monzil Morshed, who appeared for the petitioner, said the court declared the rule partly valid and instructed the Health Ministry to issue a nationwide directive requiring all hospitals and clinics to treat accident victims.
He said the court also ordered the government to introduce regulations to ensure medical assistance for victims of all accidents, not only road crashes.
“The right to life is a fundamental right under Article 32 of the Constitution,” Morshed said, adding that many injured people are denied treatment despite hospitals and clinics receiving government approval to provide healthcare services.
Deputy Attorney General Jisan Haider represented the state, while Advocate Kazi Ershadul Alam appeared for the Directorate General of Health Services. Advocate Mostafizur Rahman represented Salahuddin Hospital.
