Date of filing
Petitioners:
BLAST
Respondents
1. The Secretary, Ministry of Health and Family Welfare
2. The Secretary, Ministry of Public Administration.
3. Director General, Directorate of Health Services.
4. President, Bangladesh Medical and Dental Council.
5. Registrar General, Bangladesh Medical and Dental Council.
Facts:
The alarming state of public healthcare services in rural Bangladesh exposed a systemic crisis characterized by an acute shortage of doctors, persistent absenteeism, and ineffective administrative oversight, severely restricting access to essential healthcare for rural and marginalized communities.
The situation was particularly evident in Kishoreganj district in 2018, where only 152 doctors were serving against 369 sanctioned posts across the twelve Upazila Health Complexes and the Sadar General Hospital. Of those in service, 44 doctors were on deputation and seven were absent without leave. The petition further highlighted the persistent absenteeism and irregular attendance of physicians at the Karimganj, Pakundia, Katiadi, and Bajitpur Upazila Health Complexes, as well as the absence of doctors from several Sub-Health Centres, creating significant barriers to healthcare access for approximately 4.3 million residents of the district.
These deficiencies were attributed to the continued absence of doctors from their workplaces, the shortage of physicians caused by deputation for higher education and training, and the non-functioning of the Monitoring Cell established by the Ministry of Health and Family Welfare to oversee the attendance and accountability of healthcare providers.
BLAST filed the present public interest litigation (PIL), seeking a Rule Nisi declaring the respondents’ failure to ensure adequate healthcare services, particularly for rural and marginalized people, to be illegal, without lawful authority, and in violation of the fundamental rights guaranteed under Articles 27, 31, and 32 of the Constitution. The petition also sought directions requiring the respondents to monitor the attendance and performance of physicians, take appropriate legal action against breaches of duty, and formulate comprehensive policies governing the recruitment, transfer, promotion, deputation, and accountability of physicians and other healthcare service providers.
Rule: Rule Nisi and direction
On 23rd October 2023, a division bench of the High Court Division comprising Mr. Justice Moyneeul Islam Chowdhury and Mr. Justice Md. Ashraful Kamal after a preliminary hearing of the case issued a rule nisi calling upon the respondents to show cause as to-
- why their failure in ensuring proper health care services at the Hospitals, Upazilla Health Complexes and Union Level Health Care Centres by ensuring the presence of doctors for the benefit of the rural and marginalized people of Bangladesh should not be declared to be without lawful authority and of no legal effect
- why the responder nos. 1. 3, 6 and 7 should not be directed to ensure the monitoring of the presence of the doctors at their workplaces and to take appropriate legal actions against them for brea of their duty in providing proper medical service to the patients
- in order to meet the emergent situation, the respondent nos. 1, 7 are hereby directed to submit their reports in this Court as to the presence/absence of the doctors at the Hospitals, Upazila Health Complexes and Union Level He Centres across the country by filing Affidavits-in-Compliance by 30.04.2019.
Details
Justices
Mr. Justice Moyneeul Islam Chowdhury and Mr. Justice Md. Ashraful Kamal
Area of law:
Article 27, 31, 32 of Bangladesh Constitution.
Keywords
Relevant statute
Constitution of Bangladesh
Details