Supreme Court seeks Centre’s Response Whether Covid Patients can be given option in Getting treatment of their choice of Hospitals in a Uniform Fee

Ukkash F | Sastra School of Law, Tamil Nadu | 4th June 2020

FACTS OF THE CASE

The petition is filed through Dharmaprabhas Law Associates. The Supreme Court sought the response from the Centre on a PIL which prays for directions to be having the choice of hospitals for COVID patients. Moreover, it explores the Court to give direction on having a uniform fee in all private hospitals. It prays for Immediate enrollment of more Private Hospitals, for Covid19 Post Infection Treatment as well as Quarantine facilities. 

ISSUE

1. Whether a person who is willing and has means to afford quality healthcare could be forced to go to a Government-owned or aided quarantine centre or Hospital, against his choice denying him the quality of life by the Respondent in the name of a pandemic particularly, when the same is without any reason?

COURT’S OBSERVATION

The Bench of Justices Ashok Bhushan, MR Shah, and V Ramasubramanian directed that a copy of the petition to be served to Solicitor General Tushar Mehta while fixing the matter for hearing after one week. Also, the bench seeks a response from the Centre for the feasibility of the suggestion made through this PIL.

The PIL alleges on how many of the newspaper reports show the lack of hygiene and care in many Government hospitals in handling the COVID situation. In the same vein are other various narrations over social media, which primarily highlights extremely deplorable conditions prevailing at Government quarantine facilities and hospitals treating COVID-19 patients.

Further, the petitioner gives direction on the need for more empanelment of private Hospital for treatment of COVID-19 infections, mainly because of overburdened public health care system of our nation.

It observes that “Because giving no choice and not making transparent the mechanism to avail the of a place of treatment to a COVID-19 patient is violative of Article 14 and 21 of the Constitution.”

CONCLUSION

Government is constrained of funds and may well spend where it is most needed. It is high time the respondents who seek to get treatment from private hospitals must be allowed. In TamilNadu, the government has opened the COVID facilities to private hospitals by putting a cap on the treatment cash to be collected from the patient. Similarly, the Centre should consider the situation and sought relief to the patients.