A Division Bench of the Kerala High Court on Wednesday directed the Centre government to forthwith intervene and ensure that the blockades erected by the Karnataka on the National Highways that connects Mangaluru in Karnataka with Kasaragod in Kerala are removed to facilitate free movement of vehicles carrying persons for urgent medical treatment across the border.
A Bench comprising A.K. Jayasankaran Nambiar and Justice Shaji P. Chali passed the directive on a public interest litigation filed by the Kerala High Court Advocates Association seeking a directive to remove the blockade put up by the Karnataka government on the roads in the wake of the lockdown.
The court observed that arterial roads that connect Mangaluru to Kasaragod in Kerala, were part of the National Highway network and it was, therefore, the duty of the Central government to ensure that the these roads were kept free of blockades.
Fundamental right
“A citizen also has a fundamental right to life and personal liberty guaranteed to him by the State under Article 21 of our Constitution. Both these rights are simultaneously infringed in the case of a resident of the State of Kerala when he/she is denied entry into the State of Karnataka for availing medical treatment, or is deprived of essential articles of food that are being transported into the State through blockades erected by the State of Karnataka,” the court said.
The Bench further pointed out that “no doubt, restrictions may be imposed in times of a national emergency such as the present, but when the guidelines issued by the Central government under the Disaster Management Act itself permits travel for urgent medical treatment, then the said guidelines have necessarily to be enforced by the Central government through the removal of the blockades that prevent such travel.”
The court also added that India is a signatory to the International Convention on Economic, Social and Cultural Rights, Article 12 of which obliges all State Parties to the Convention to recognise the right of everyone to the highest attainable standard of physical and mental health, and to take steps for the creation of conditions which would assure to all, medical service and medical attention in the event of sickness.
