Plea In Supreme Court Seeks Adequate Medical Treatment For All Non CoVID Patients In All Hospitals At All Times Including Lockdown Period

Amid CoVID 19 situation & its complete lockdown a plea has been filed in Supreme Court to ensure provision of adequate medical treatment & facilities to all non CoVID 19 patients as like a CoVID 19 patient in all the respective stage government & private hospitals at all times including the CoVID 19 lockdown period. 

It has been argued that as per daily news reports of major newspapers, Non CoVID 19 patients viz having diseases with heart, lungs, kidney & liver, pregnant women, patients those with HIV, hepatitis C, hemophilia, thalassemia etc are not getting admission & basic medical treatment & facilities in the private and government hospitals during the CoVID 19 pandemic lock down period. 

“The attitude of the legislature in not bringing a separate legislation or to bring an amendment inserting the “public health” as a fundamental right in the Constitution but only using the old Epidemic Diseases Act, 1897 to tackle CoVID 19 & its medical crisis, clearly shows that they are unaware & not very serious to handle the CoVID 19 situations & its medical crisis & emergency”, the plea states. 

The plea preferred by Advocate GS Mani states that right to health must be enjoyed without discrimination on the grounds of age, race, ethnicity or any other status & non discrimination & equality requires states to take steps to redress any discriminatory law, practice or policy. 

The petitioner further avers that public health which is a human right creates legal obligation on states to ensure access to timely, acceptable & affordable health care of appropriate quality as well as to provide all the underlying determinants of health such as safe & potable water, sanitation, food, housing, health related information, education, gender equality etc.

“Right to health is one set of internationally agreed human right standards & is inseparable or “indivisible” from these other rights. This means achieving the right to health is both a central tool & dependent upon the realisation of other human rights to food, housing, work, education, information & participation. This implies a clear set of legal obligations on states to ensure appropriate conditions for employment of health for all people without discrimination”- excerpt from the plea

In light of the facts & circumstances, the plea along with ensuring provision of adequate medical treatment & facilities to all Non Covid patients as like a CoVID patient frequently in all the respective State Government & private hospital in the entire period of lockdown also seeks for issuance of writ directing the Central & State Govt to ensure enforcement & protection of Fundamental Right to life, liberty, health & equality of Non CoVID 19 patients by the Governments.