Urging that the court ensure that even the non-Covid patients' fundamental rights to life, health and equality are enforced and protected effectively by the respective governments, the petitioner-advocate, GS Mani, has sought a direction that the union Ministry of Health and Family Welfare may decide his representation of May 15 seeking adequate medical facilities to all non-COVID patients also.
It is submitted that due to the Covid pandemic situation and the complete lockdown, a huge number of Covid patients have already been struggling to get proper medical treatments and facilities due to the utter failure of the government. Apart from this, now non-Covid patients having heart disease, pregnant women, patients with HIV, hepatitis C, haemophilia, thalassaemia et cetera are struggling to get admission in hospitals, proper medical treatment and facilities frequently in private hospitals and government hospitals during the lockdown period. "These patients need regular treatment and periodic medical checkup", it is pointed out.
"Major newspaper reports clearly prove that many private and government hospitals have closed normal and emergency ward treatment due to the increase of Covid patients all over the country. Major surgeries are postponed in all hospitals as the doctors are fully busy with Covid patients. The secretary of the Delhi Medical Council has said in a news report that there are a limited number of hospitals providing treatment to non-Covid patients. For heart patients or pregnant women, it is difficult to get admission…In some private hospitals, online consultation is available whereas in government hospitals there is no such facility", it is averred.
It is pleaded that people, at large, feel that they are living in a medical emergency because of the total failure of the governments. "The people have no choice except to go to hospitals in serious conditions...Even a large number of young people are dying for unknown reasons", it is pressed.
"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 petitioner advanced 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.
"Right to health is one set of internationally agreed human right standards & is inseparable or "indivisible" from 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", it is submitted.