'Fundamental Right To Health Includes Affordable Treatment': Supreme Court Suggests Cap On Fee Charged By Private Hospitals

The Supreme Court has observed that fundamental Right to health includes affordable treatment.

Either more and more provisions are to be made by the State Government and the local administration or there shall be cap on the fees charged by the private hospitals which can be in exercise of the powers under the Disaster Management Act, the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed.

The court also observed that is the duty upon the State to make provisions for affordable treatment and more and more provisions in the hospitals to be run by the State and/or local administration are made. "Due to unprecedented Pandemic, everybody in the world is suffering, one way or the other. It is a world war against COVID-19. Therefore, there shall be Government Public Partnership to avoid world war against COVID-19.", the bench said. The court observed thus in the order:

"Right to health is a fundamental right guaranteed under Article 21 of the Constitution of India. Right to health includes affordable treatment. Therefore, it is the duty upon the State to make provisions for affordable treatment and more and more provisions in the hospitals 4 to be run by the State and/or local administration are made. It cannot be disputed that for whatever reasons the treatment has become costlier and costlier and it is not affordable to the common people at all. Even if one survives from COVID-19, many times financially and economically he is finished. Therefore, either more and more provisions are to be made by the State Government and the local administration or there shall be cap on the fees charged by the private hospitals, which can be in exercise of the powers under the Disaster Management Act."

There shall be more and more testing

The court added that there shall be more and more testing and to declare the correct facts and figures. "One must be transparent in number of testing and declaring the facts and figures of the persons who are Corona Positive. Otherwise, the people will be misled and they will be under impression that everything is all right and they will become negligent.", the bench said.

Guidelines To avoid Fire Incidents

The bench had taken suo motu cognizance of fire incident which happened in Rajkot, Gujarat on 26.11.2020 resulting in death of Covid patients in the Covid Hospital. In this regard, the bench issued following directives: 

1) All States/Union Territories should appoint one nodal officer for each covid hospital, if not already appointed, who shall be made responsible for ensuring the compliance of all fire safety measures.

2) In each district, State Government should constitute a committee to carry fire audit of each Covid hospital atleast once in a month and inform the deficiency to the management of the hospital and report to the Government for taking follow up action.

3) The Covid hospital who have not obtained NOC from fire department of the State should be asked to immediately apply for NOC and after carrying necessary inspection, decision shall be taken. Those Covid hospitals who have not renewed their 3 NOC should immediately take steps for renewal on which appropriate inspection be taken and decision be taken. In event, Covid Hospital is found not having NOC or not having obtained renewal, appropriate action be taken by the State.

Case: SUO MOTU WRIT PETITION (CIVIL) NO.7 OF 2020 [RE: THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.]

Coram: Justices Ashok Bhushan, R. Subhash Reddy and MR Shah

 

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