Free medical services fundamental rights of every citizen: HC observes

Highlights

• HC orders paying Tk1.5m compensation to each family of 104 children who died by consuming toxic paracetamol
• It also orders formation of an independent national committee to prevent counterfeit drugs 
• The full judgment in the case over deaths from consuming adulterated paracetamol was released on Wednesday

In a landmark judgement, the High Court has observed that every citizen of Bangladesh is entitled to free medical services as a fundamental constitutional right.

In the full 99-page judgement released on Wednesday, the court also directed the relevant government bodies to form an independent committee to prevent the circulation of adulterated medicines.

During the judgement in the case over the deaths of children from consuming toxic paracetamol, the HC observed the Directorate General of Drug Administration (DGDA) could not avoid responsibility for incidents that killed 104 children in 1991 and 2009.

Referring to the Constitution, the court said that Article 15(a) of the Constitution guarantees health care services as a fundamental right to all citizens and entrusts the State and the Government with its realisation.  

The court further said, "Likewise, getting free unadulterated medicines is also a fundamental right of every citizen."

The HC also observed that military and civilian dignitaries, including constitutional officeholders, are receiving medical treatment abroad with the tax money of the country's common people.

In the judgement, the HC also said that the present reality of our country is such that advanced and good medical care is limited only to the rich and high-ranking military-civilian officials. The vast majority of the country's population, including the middle and lower middle classes, are deprived of advanced medical care and treatment. They receive only nominal treatment."

Apart from declaring the fundamental right of every person to get all medical services free of charge, the court directed the parties to take all necessary steps to stop the adulteration of medicines and to take legal measures under Section 25 (c) of the Special Powers Act.

The HC also declared the inaction of the drug administration to control toxic medicine illegal.

The court ordered establishing medical service infrastructures for the people of our country on the pattern of the UK.

In 1991, 76 children died after consuming adulterated paracetamol syrup produced by Adflam Pharmaceuticals.  Then in 2009, a case was filed alleging that 28 more children died after consuming Reed Pharma's adulterated paracetamol syrup.

Human Rights and Peace for Bangladesh (HRPB) filed a public interest writ petition in the court in 2010, adding the news reports published at that time about the two incidents, seeking a speedy trial and appropriate guidance.

Later, in June 2022, the HC bench of Justice Md Ashraful Kamal and Justice Raziq Al Jalil ordered the DGDA to pay compensation to the families of 104 children in the case of death by consuming adulterated paracetamol.