In a significant public interest ruling, the Jharkhand High Court has directed the State government to make fully functional burn units available across all districts within 120 days. The order came while hearing a PIL arising from a tragic kerosene fire incident in Hazaribagh that left several people dead and many severely injured.
Background of the Case
The petition was filed highlighting the aftermath of a devastating fire allegedly caused by highly inflammable kerosene distributed through the public system. According to the plea, victims admitted to Sadar Hospital, Hazaribagh, were not provided adequate care due to the absence of specialized burn units.
The incident claimed four lives, including a child, and left several others with serious burn injuries and permanent disfigurement. The petitioner also raised concerns about adulterated kerosene, pointing to laboratory reports showing dangerously low flash points.
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Compensation and free treatment for victims were among the key reliefs sought.
During the hearing, the bench of Chief Justice M. S. Sonak and Justice Rajesh Shankar noted that the issue had evolved beyond an individual tragedy into a larger systemic failure in healthcare infrastructure.
The Court observed that:
“The absence of specialised burn care facilities across the State strikes at the very heart of the Right to Health under Article 21.”
It also pointed out inconsistencies in the State’s claims regarding operational burn units. While the government asserted that facilities existed across districts, records showed gaps and lack of proper staffing and equipment.
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The bench emphasized that merely constructing buildings without trained personnel or equipment cannot fulfill constitutional obligations.
“The right to life includes access to timely and specialised medical care, especially in burn injuries where every minute is critical.”
The Court declined to grant fixed compensation amounts in the PIL, noting that such claims require detailed factual examination and are better decided by trial courts.
However, it clarified that victims are not without remedy.
“The victims and their legal heirs remain entitled to seek compensation under statutory schemes and through appropriate legal proceedings.”
The bench also directed legal services authorities to assist victims in accessing compensation under the Victim Compensation Scheme.
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Disposing of the PIL, the High Court issued a series of binding directions:
- The State must ensure fully functional burn units in all district hospitals and medical colleges within 120 days.
- Units must be equipped with trained staff, proper infrastructure, and essential medicines.
- Burn patients should be treated in dedicated units, not general wards, except in unavoidable situations.
- A State-level monitoring committee must be constituted or activated to oversee implementation.
- Training programs for medical staff must be completed within 90 days.
- Victims may approach courts for compensation, and authorities must process such claims within fixed timelines.
The Court also directed that ongoing criminal proceedings related to the incident be conducted expeditiously.
Case Details
Case Title: Onkar Vishwakarma v. State of Jharkhand & Ors.
Case Number: W.P. (PIL) No. 920 of 2021
Judge: Chief Justice M. S. Sonak & Justice Rajesh Shankar
Decision Date: 01 April 2026
Counsels:
- Petitioner: Ms. Diksha Dwivedi (Amicus Curiae)
- Respondents: Mr. Piyush Chitresh (A.C. to A.G.)
