‘It Is the Duty Of The State To Make Provisions For Affordable Treatment, There Shall Be A Cap On Fee Under The Disaster Management Act Suggests Supreme Court
(Judicial Quest News Network)
The Supreme Court of India while delivering the order in a Suo motto case on COVID-19 observed that the bodies of the Coronavirus causalities were not handled with dignity.
Affordable healthcare is a fundamental right, the Supreme Court said on Friday, affordable treatment and more and more provisions in the hospitals
to be run by the State and/or local administration are made. It cannot be disputed that for whatever reasons the treatment has become costlier and costlier and it is not affordable to the common people at all. Even if one
survives from COVID-19, many times financially and economically he is finished. Therefore, either more and more provisions are to be made by the State Government and the local administration or there shall be cap on the
fees charged by the private hospitals, which can be in exercise of the powers under the Disaster Management Act.
Right to health is a fundamental right guaranteed under Article 21 of the Constitution of India. Right to health includes affordable treatment.
The Court has further said that there shall be more and more testing and to declare
the correct facts and figures. One must be transparent in number of testing and declaring the facts and figures of the persons who are Corona Positive. Otherwise, the people will be misled and they will be under impression that everything is all right and they will become negligent.
Despite the Guidelines and SOPs issued, for lack of implementation the Pandemic has spread like wild fire.
A strict and stern action should be taken against those who are violating the Guidelines and SOPs, whoever he may be and whatever position the violator is occupying.
Every State must act vigilantly and to work with the Centre harmoniously. It is the time to rise to the occasion. Safety and health of the citizens must be the first priority, rather than any other considerations.
In this regard the bench issued following directives
1.All the States / Union Territories to issue necessary directions to ensure compliance of aforesaid guidelines and guidelines although were issued by General Election/Bye Election, that can be implemented by different States with suitable modifications with reference to Elections of other organisations to ensure safety of people in general from Covid-19. We allow further four weeks’ time to all the States and Union of India to file affidavit bringing on record various measures as indicated in this order for consideration and further directions. List after four weeks.
[Read Order]
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