The patient has suffered at the hands of the Government Hospital Authorities namely Government Hospital Nagercoil due to negligence. The said fact is not in dispute. Hence, the State is bound to give proper treatment to the patient at its costs.
The Right of self preservation of one's life and full medical treatment to all is guaranteed under Article 21 of the Constitution of India. In the decision reported in (1996) 2 (Surjit Singh v. State of Punjab) in paragraph 11 it is held thus: 336
It is otherwise important to bear in mind that self-preservation of one's life is the necessary concomitant of the right to life enshrined in Article 21 of the Constitution of India, fundamental in nature, sacred, precious and inviolable. The importance and validity of the duty and right to self- preservation has a species in the right of self-defence in criminal law. Centuries ago thinkers of this great land conceived of such right and recognised it.
It is ultimately for the Court to decide, as parens patriae, as to what is in the best interest of the patient, though the wishes of close relatives and next friend, and the opinion of medic