would however, in my view, be shutting one's eyes to the real world if the
Court were to proceed on the basis that we do live in such a world. It is
common knowledge that health authorities of all kinds are constantly
pressed to make ends meet.‖
31.
Ms. Trehan further stated that in the case of T. Soobramoney vs.
Minister of Health (Kwazulu-Natal) (Case CCT 32/97) the Constitutional
Court of South Africa dealt with the issue whether a person who suffered
from chronic kidney disease could be provided State funds for dialysis as a
matter of right. The Indian case of Paschim Bengal Khet Mazdoor Samity
(supra) was cited in this case. The South African Court distinguished the
South African law by stating, "In India the Supreme Court has developed a
jurisprudence around the right to life so as to impose positive obligations on
the State in respect of the basic needs of its inhabitants....... Unlike the
Indian Constitution ours deals specifically in the bill of rights with certain
positive obligations imposed on the State and where it does so, it is our duty
to apply the obligations as formulated in the Constitution and not to draw
inferences that would be inconsistent therewith." Eventually dismissing the
claim of the petitioner, the Court held that the position in South Africa was
that, "The appellant's demand to receive dialysis treatment at a State
hospital must be determined in accordance with the provisions of Section
27(1) and (2) and not Section 27(3). These sections entitle everyone to have
access to health care services provided by the State "within its available
resources". The South African Court further observed that, "The State has
to manage its limited resources in order to address all these claims. There
will be times when this requires it to adopt a holistic approach to the larger
needs of society rather than to focus on the specific needs of particular
W.P.(C) 7279/2013
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