High Court orders nationwide mandatory treatment for accident victims

The High Court has directed the Health Ministry to issue a circular requiring all government and private hospitals and clinics across Bangladesh to provide immediate medical treatment to accident victims, reinforcing the constitutional right to life and emergency healthcare.

A bench comprising Justice Md. Habibul Gani and Justice Syed Mohammad Tajrul Hossain passed the order on Thursday (August 6), while disposing of a rule issued in a public interest litigation.

The court also instructed the government to amend the Road Transport Act, 2018, expanding its scope beyond road crashes to ensure that victims of all types of accidents receive emergency treatment at the nearest hospital or clinic.

The ruling stems from a 2018 incident in which a businessman from Khulna, injured in a robbery attack, was allegedly denied treatment at a private hospital in Dhaka and referred to Dhaka Medical College Hospital, where he later died. The incident prompted rights body Human Rights and Peace for Bangladesh (HRPB) to file a writ petition.

Following the petition, the High Court had sought explanations from the authorities over the alleged failure to protect the victim's right to life and questioned why all hospitals should not be required to provide emergency treatment to accident victims.

After the final hearing, the court made the directive permanent, requiring the Health Ministry to issue a nationwide circular for all licensed healthcare facilities.

Senior lawyer Manzill Murshid, who represented the petitioner, said the verdict upholds Article 32 of the Constitution, which guarantees the right to life. He argued that denying emergency treatment to injured patients is incompatible with both the Constitution and the responsibilities of licensed medical institutions.