Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanja
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2025
Mr. Sanjay owned a small factory in Pune. In 2023, he was fined ₹50,000 by the Pollution Control Board for releasing untreated waste water into a nearby river. At that time, the law was to fine for such violations. Sanjay paid the fine and the case was closed. In 2024, the State Legislature amended the Environmental Law. Now the same offence carries mandatory imprisonment of one year along with fine. The authorities reopened Sanjay's old case and issued a warrant for his arrest under the new law even though the offence took place before the change. Police took Sanjay into custody and kept him in the police station for three days without producing him in front of a magistrate. During questioning, the officers forced him to give thumb impression and voice sample, arguing that it did not require his consent as they were not 'statements'. Sanjay was suffering from severe asthma. While in custody, he had a serious asthma attack but no proper medical care was provided. He collapsed finally before being taken to a hospital. Sanjay's family went to the High Court pleading that his fundamental rights under Article 20, 21 and 22 of the Constitution were violated. The State pleaded that the new law was necessary for public interest and environmental safety. Based on the above situation answer the following questions: (iv) Sanjay was denied emergency medical services while in custody. Discuss whether this is violation of fundamental rights guaranteed under the Indian Constitution.
Answer & Explanation:
Article 21 of the Constitution of India guarantees that "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court has in many cases interpreted "right to life" broadly, to include the right to health and timely medical care, especially for persons in custody. In the given situation, denying Sanjay proper treatment for his asthma attack while he was in police custody violates his fundamental right to life and personal liberty under Article 21 of the Constitution of India.
Topics: Constitutional Law
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