Medical Treatment Should Not Be Denied To Non- Residents, Delhi LG Issues Direction Against Delhi Govt Order

Invoking powers as the Chairperson of Delhi Disaster Management Authority, the Delhi LG ordered that no person should be denied treatment on the ground of not being a resident of Delhi.

Re-assuring that medical facilities will be provided to every citizen, the order issued by the LG in exercise of powers under Section 18(3) of the Disaster Management Act states,

"All Government and private hospitals and nursing home situated in the NCT of Delhi have to extend medical facilities to all Covid-19 coming for monitoring treatment without any discrimination of being resident resident of NCT of Delhi;

Now, therefore, in exercise of powers conferred under Section 18(3) of the DMA, the undersigned in his capacity as the Chairperson of the DDMA, hereby directs all departments and authorities concerned of NCT of Delhi, to ensure that medical treatment is not denied to any patient on the ground of not being a resident of Delhi."

The order recognizes that 'Right to Health' is an integral part of "Right to Life" under Article 21 of the Constitution. It also mentions that in Social Jurist, a Civil Rights Group Vs NCT & Anr., the Delhi High Court had held that "denying patients medical treatment on the ground of not being resident of NCT of Delhi, is impermissible."

The order restricting treatment to Delhi residents was issued by Secretary, Department of Health and Family Welfare, GNCTD, on Sunday invoking powers under the Epidemic Diseases Act, 1897 and Delhi Epidemic Diseases, COVID-19 Regulations, 2020.

Citing the surge of COVID-19 positive cases in Delhi, resulting in additional demand of hospital beds, Health Secretary ordered that "all the hospitals operating under the Government of NCT of Delhi and all private hospitals and nursing homes shall ensure that only bona fide residents of NCT of Delhi are admitted for treatment in these hospitals".

However, transplantation, oncology, neurosurgeries, treatment for road accident cases and acid attack cases happening within NCT of Delhi were allowed to continue in all hospitals irrespective of residence of patients.

The order also listed the documents to show residence status, such as Voter ID, Bank/Kisan/Post Office current Passbook, Ration Card, Driving License, Passport, Income Tax Returns, Latest Water/Telephone/Electricity/Gas Connection Bill in the name of patient or his/her immediate relations like parents etc, postal department's post delivered at the patient's name at given address, Aadhaar card made prior to June 7.

A petition was filed in the Delhi HC on Monday challenging the order as unconstitutional.

Classification Of Patients As Residents And Non-Residents For Treatment Was Held Unconstitutional By Delhi HC In 2018