"Will You Give It To 85Yr Old Or 45Yr Old? There Is A Scarcity, You Have To Make A Cruel Choice": Delhi High Court Tells Centre, Delhi Govt On Allocation Of Black Fungus Drug

Questioning the Centre and the Delhi Government as to how will they prioritize allocation of drug to treat Black fungus, the Delhi High Court on Monday asked both the governments to come up with a policy on the same while adjourning the matter to tomorrow.

Stating that neither the Centre nor state government can "duck" the responsibility of allocation of vials, a division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh said that it is a decision that political leadership will have to take in consultation with medical experts.

Further observing that such a decision cannot be left on the doctors as "they may be lynched", the Bench orally remarked thus:

"If you have to make a cruel choice, will you give it to a 80 year old or to someone who has two children to support? You've to take a decision if you're giving it to a 45 year old or to 85 year old or not. You'll have to take a decision that a person aged 35 years will get it or not." 

The development came after the bench questioned the Delhi Government about the process of its allocation of vials to various hospitals.

"There is an important aspect. What you told us that day that you're providing pro rata allocation of vials to hospitals. You're leaving it to the judgment of the doctors, that's completely unacceptable. You as a State must come out with a policy. This is a bullet you'll have to bite." The bench said.

At this juncture, the Court also asked Mr. Kirtiman Singh appearing for the Centre to come out with a policy for distribution of allocating Amphotericin B vials.

In view of this, Justice Singh orally remarked thus:

You'll have to make the list of priority. Everybody is facing this today. So there has to be a policy. You can't distribute  to everyone. There is a scarcity today, it's an admitted position."

The matter will now be heard by the bench tomorrow.

In a related news, the Bench had last week directed the Centre to file a detailed current status of the imports of Liposomal Amphotericin B. The Court also directed the Centre to explain as to how the figure of 2 lakh 30 thousand was arrived at and whether there was availablity of the drug which was being imported.