Allahabad High Court Directs Govt To Provide Free Of Cost Treatment To A Poor Lady Suffering From Breast Cancer

The Allahabad High Court on Tuesday directed the State Government and the Hospital authorities to carry out free of cost medical treatment to a poor lady suffering from breast cancer, unable to afford the treatment due to lack of income and funds.

A division bench comprising of Justice Devendra Kumar Upadhyaya and Justice Manish Kumar gave the order.

The petition was filed by one Sauhard Lakhanpal seeking financial help for his mother who was suffering from Infiltrating Ductal Carcinoma, a form of breast cancer, in order to undergo her medical treatment.

According to the petitioner, owing to the expensive cost involved in the treatment and the family income being negligible, it was asserted that the family was facing a gigantic risk of treatment.

The High Court vide order dated 01.02.2021 appointed Adv. Murli Manohar Srivastava as amicus curiae in the matter for assisting the court.

The estimated cost of treatment provided by the King George's Medical University, Lucknow (KGMU) was Rs. 1,50,000. The petitioner was granted Rs. 75,000 from the CM's Discretionary Funds as a grant on 15th July 2020. However, due to shortage of funds, the petitioner was unable to continue with the treatment.

The counsel appearing on behalf of the State Government informed the Court that the government has made provisions for providing free of cost treatment to cancer patients. The slab includes BPL cardholders, people holding upto 3.25 acres of land or whose annual income is less than Rs. 35,000.

In submitting so, he relied on the 2013 Rules which provide that State Medical Colleges and other Autonomous Medical Institutions will provide free of charge medical facility for treatment of incurable diseases and in case any further facility is required for treatment, the treating Institution/Medical College is required to refer the patient for treatment to other Institutes/Medical Colleges.

In view of this, the Court issued the following directions:

1. Petitioner's mother shall be admitted in the Surgical Oncology Department of KGMU within three days and shall be provided appropriate bed where her treatment shall start forthwith.

2. Whatever diagnostic tests/examinations are required and facility for which are available at KGMU, the same shall be conducted and performed at KGMU itself. In case any requisite diagnostic test or any other medical examination facility is not available at KGMU, patient may be referred to Dr. Ram Manohar Lohiya Institute of Medical Sciences.

3. The Senior Medical Superintendent of the Hospitals at KGMU shall personally coordinate with the Chief Medical Superintendent at Dr. Ram Manohar Lohiya Institute of Medical Sciences, in case there arises any such requirement in the process of the treatment of the petitioner's mother.

4. The entire treatment, including the medicines, medical equipments and medical diagnostic test/examination etc. of the patient shall be provided free of charge in terms of the provisions contained in Rules, 2013. The amount released for treatment of the petitioner's mother from the Chief Ministers Discretionary Funds may be utilized for the said purpose.

The case is now listed on 24th March 2021. The Court also directed the Chief Medical Superintendent of Hospitals at KGMU to submit a report on the next date of hearing giving details of the steps taken for the treatment.

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