A Public Interest Litigation (PIL) has been filed before the apex court and has sought for directions to the Central as well as State governments to ensure that proper medical treatment and facilities are provided to non-COVID patients, alike COVID patients, in all the government as well as private hospitals, irrespective of imposition of lockdown.
The plea has highlighted the fundamental right to life, health and equality of the non-COVID patients and has urged the apex court to direct the state governments to effectively enforce their rights as well.
The petitioner has sought for a direction to Ministry of Health and Family Welfare to decide upon his representation to the said ministry and provide adequate medical facilities to the non-COVID patients as well.
The petitioner, in his plea, has submitted that due to the outbreak of pandemic and the lockdown, along with the COVID patients, the non-COVID patients are also struggling to get proper medical treatment and has cited utter failure of government as a reason behind this.
The petitioner has stated that the non-COVID patients like ones with heart disease, HIV, haemophilia, hepatitis C, thalassemia and pregnant women are not able to get an admission and adequate attention from hospital staff, be it government or private hospital. The petitioner submitted that even non-COVID patients require periodic medical check-up.
Relying upon the newspaper reports, the petitioner submitted that various hospitals have closed the treatment provided in the normal as well as emergency wards due to the surge in COVID-19 cases across the country. The petitioner also stated that such non-COVID patients feel like they are residing in a medical emergency situation.
The plea included that a large number of people are dying due to unknown reasons as they’re not able receive non-COVID medical treatment and facility. The petitioner averred that such behaviour infringes right to equality and right to life provided under Articles 14 and 21, respectively, of Indian Constitution.
The petitioner concluded the plea by advancing that states are under an obligation to protect the basic human right i.e. public health by ensuring timely access to affordable and acceptable heath care facility.
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