Ayushman Bharat Scheme to include Economically weaker sections

Abhinav Mishra| Kirit P. Mehta School of Law| 18th June 2020

Shahsank Deo Sudhi v. Union Of India and Ors.

Introduction:

The applicant has filed an IA praying for modification of the order dated 08/04/2020, another IA was filed seeking impleadment and directions to ensure the treatment of COVID-19 infected patients free of cost in all hospitals. The bench comprises of Mr. Justice Ashok Bhushan and Mr. Justice S. Ravindra Bhat.

Facts:

• IA has been filed by one Mr. Bijon Kumar Mishra seeking impleadment and directions to ensure the treatment of COVID-19 infected patients free of cost in all hospitals.
• Mr. Mukul Rohatgi, counsel on behalf of several laboratories, submitted that the price has been fixed by ICMR(Rs. 4,500) to cover the expenses of labs for conducting the COVID-19 test. He submits that insofar as the person is covered under Ayushman Bharat Yojana the labs are testing for free and that if the labs did not charge the fees it would be impossible for them to carry on the testing.
• Shri Tushar Mehta, Solicitor General of India, submits that the govt. is all necessary steps for conducting the COVID-19 test. He submits that when testing in private labs is concerned, the ICMR has fixed the amount of Rs. 4,500. He submits that under the Ayushman Bharat Yojana about 10 crore poor families are coverd under the scheme and they can avail the benefit of testing for free.
• Mr. Shashank Deo Sudhi, the petitioner, submits that there are large sections of society who at present are unable to afford the payment for COVID-19 test. In the event that one person in a family is tested positive, the entire family requires testing. He submits that govt. hospitals are overcrowded and hence private labs should conduct tests free of cost.
• The court having heard the counsel was satisfied that sufficient reason was made to modify the order dated 08/04/2020.

Holding:

The SC agreed with the petitioner and clarified and modified its order dated 08/04/2020 in the following manner:

1. Free testing would be available to persons eligible under Ayushman Bharat Scheme and any other category of economically weaker sections of the society.
2. The govt. may prescribe the proper guidelines regarding the economically weaker sections of the society that are eligible for free testing within a week.
3. The pvt. Labs can continue taking fees from persons who are able to make payment of testing.
4. The Govt. may give guidelines for reimbursement of cost of free testing undertaken by pvt. Labs.
5. Central Government to give appropriate publicity to the above, and its guidelines to ensure coverage to all those eligible.

Conclusion:

The SC hearing the argument of the petitioner has allowed application for modification so that even the economically weaker section of the society are given access to free COVID testing even if they are not covered by the Ayushman Bharat Scheme.