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"In India, especially in rural areas, most people in need of palliative care are at home and cannot easily travel beyond their communities, also, most people prefer to die at home. Therefore, it is important that palliative care be accessible in the community and in patients homes", the PIL states
The Supreme Court of India on Thursday sought the Union of India's response in a Public Interest Litigation seeking palliative care for all persons in India.
Palliative care is end of life care that aims at improving quality of life for both terminally ill patients and in the protection of their dignity and autonomy.
Senior Advocate Jayna Kothari, appearing for the petitioner Dr. Rajshree Nagaraju, submitted before a CJI DY Chandrachud led bench that the PIL sought palliative care for all persons in India, giving effect to their Right to Health and the right to a dignified end to life which is protected and guaranteed under the Right to Life under Article 21 of the Constitution of India.
Noting that it is a genuine plea, Court has asked the Union to respond and listed the case after 8 weeks.
"The majority of adults and children who are in need of palliative care have chronic diseases such as cardiovascular diseases (38.5%), cancer (34%), chronic respiratory diseases (10.3%), AIDS (5.7%) and diabetes (4.6%). Many other conditions may require palliative care, including kidney failure, chronic liver disease, multiple sclerosis, Parkinson's disease, rheumatoid arthritis, neurological disease, dementia, congenital anomalies and drug-resistant tuberculosis...", the petition states.
Court has been told that while globally, around 14% of the population receives palliative care, in India, only 1-2% of the population who need palliative care have access to it and there is no uniform provision of palliative care under the public health system in the country.
It has been further submitted that suffering due to serious or life-threatening health problems can be relieved with inexpensive, safe and effective medicines and equipment prescribed by any primary care physician, clinical officer, assistant doctor or nurse practitioner with basic palliative care training, which is why palliative care should be provided as an integral part of primary health care by the States and the Union.
Accordingly, a direction has been sought to the Union of India to develop clear protocols, guidelines, systems and budget for providing palliative care, for ready application within the States / UTs which are able to implement it.
"Union of India to take steps for the Recognition of palliative medicine as a medical specialty and to incorporate palliative care and medicine into the educational curricula of medical, nursing, pharmacy and social work courses; for the establishment of educational programmes covering palliative care for undergraduates, oncologists, primary, care team members and specialists training in palliative care and other related reliefs...", the plea adds.
Case Title: Dr. Rajshree Nagaraju vs. Union of India and Ors
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