Landmark Verdict Ensures Universal Access to Medical Services
Md. Shawkat Alam Faisal: On the momentous date of November 15, 2023, the High Court of Bangladesh issued a landmark verdict, making a resolute declaration that the citizens of this South Asian nation inherently possess an inviolable constitutional entitlement to partake in complimentary medical services. This judicial pronouncement reflects an unwavering commitment to upholding the bedrock principles enshrined in the constitution, affirming the right of every Bangladeshi citizen to unfettered access to a comprehensive spectrum of medical facilities, inclusive of untainted pharmaceuticals. Notably, this historic proclamation emanated from a comprehensive judgement presided over by the esteemed Justice Ashraful Kamal and Justice Raziq-Al-Jalil. This judicial endeavor specifically addressed the poignant issue of compensation for 104 children who tragically succumbed to the ingestion of toxic paracetamol syrup, a grave incident that shook the conscience of the nation.
The comprehensive 99-page judgement, unveiled on the auspicious day of November 15, stands as a testament to the gravity and intricacy of the legal considerations involved. In a sweeping directive, the High Court mandated the competent authorities to extend Tk15 lakh in compensation to each family affected by the aforementioned tragedy. Furthermore, in a move indicative of foresight and systemic reform, the court prescribed the establishment of an autonomous National Anti-Adulterated Medicines Committee. This committee is envisioned as a bulwark against the proliferation of substandard and adulterated medicines, aiming to safeguard the health and well-being of the citizenry.
A discerning observation made by the court underscored a prevailing trend wherein high-ranking government officials, in stark contradiction to the limited opportunities afforded to the general populace, frequently utilize public funds for sophisticated medical treatment abroad. This disjunction in healthcare access between the elite and the common citizens formed a central point of concern within the court’s deliberations. The court, in its sagacity, expressed disquiet over the fact that beneficiaries of publicly funded resources could enjoy superior medical treatment abroad, while contributors to these resources lacked a commensurate privilege. In a poignant reflection of the court’s understanding of societal dynamics, it underscored the imperative for citizens to receive top-tier medical facilities domestically, akin to those available internationally. This emphasis on parity in healthcare access elucidates the court’s commitment to social justice and equitable distribution of resources.
The genesis of the legal proceedings leading to this landmark judgement can be traced back to the year 2010 when the venerable lawyer Manzil Murshid filed a writ petition with the High Court. The petition sought legal redress for incidents involving the tragic deaths of children due to adulterated paracetamol. Following this filing, the drug directorate took decisive action, initiating legal proceedings against the pharmaceutical entity, Reed Pharma. However, investigative challenges surfaced as the court grappled with the task of definitively establishing that the submitted samples of paracetamol syrup were directly seized from the Reed Pharma factory. This limitation impeded the court’s ability to conclusively prove the production origin of the implicated paracetamol, thereby introducing complexities into the legal proceedings.
The culmination of this protracted legal odyssey occurred on June 2, 2022, when the High Court, with unwavering resolve, mandated the authorities to provide Tk15 lakh in compensation to each family affected by the tragedy. This momentous decision represented not just the resolution of a legal case but a profound acknowledgment of the pain and suffering endured by the affected families. The comprehensive judgement, a magnum opus of legal deliberation, was formally disseminated on November 15, 2023. This formal publication serves to crystallize and broadcast the court’s unequivocal stance on the fundamental right of every Bangladeshi citizen to access cost-free medical facilities.
In addition to affirming this fundamental right, the judgement’s formal dissemination further underscores the imperative establishment of an autonomous National Anti-Adulterated Medicines Committee. This committee, tasked with oversight and regulatory functions, emerges as a cornerstone in fortifying the nation’s healthcare system against the perils of substandard medicines, aligning with the court’s vision for a robust and accountable healthcare infrastructure.
In conclusion, the High Court’s verdict on November 15, 2023, represents a watershed moment in Bangladesh’s legal and healthcare landscape. It not only addresses the specific tragedy of toxic paracetamol but also establishes enduring principles that resonate with the broader aspirations of a just and equitable society. The court’s unwavering commitment to constitutional principles, its sensitivity to societal disparities, and its foresight in prescribing systemic reforms collectively contribute to the transformative impact of this judicial pronouncement. As Bangladesh moves forward, this landmark judgement stands as a beacon, guiding the nation towards a future where access to healthcare is not just a privilege but an unassailable right for every citizen.
Md. Shawkat Alam Faisal is an LL.B (Hons.) Graduate and LL.M (International Law) Candidate at the Department of Law, University of Rajshahi.
