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JUSTIFYING SC ORDER THAT MANDATES FREE COVID-19 TESTING IN PRIVATE LABS
On 8th April 2020, SC ordered free testing of COVID-19. It directed the government to ensure that the test for the epidemic disease must be free of cost, be it a government/private library. The order was directed as mandamus to the government. It is filed when some public functions to be performed by the government.
At first the question arises, why the government did not itself make it free of cost. It is welfare objective of the state to perform such act. In order to secure all citizen’s life, the gap between poor, rich, upper-caste, lower caste, Hindu, Muslim has to be snuffed out in order to fight COVID-19 disease. Therefore, every citizen shall have equal right to be tested in case symptoms occur. Also, right to health is a part of fundamental right, and state has to ensure this.
Most of the citizens in India lack financially, & to obtain abovementioned object, the test is the least thing these days which must be available to the needy ones. Usually, the costs around Rs 4500 and for daily wages worker, migrants, it is the whole income.
While issuing order dated 8th April, SC was criticized and its decision was evaluated from both the perspectives. SC was of the view that no one should be left around just because his pocket does not allow him to live healthy. This was need of the moment and SC hit SIX on right time.
However, excuses are coming from private labs wherein they say; it would financially weaken them and ultimately, they cripple. Therefore, it is high time the government should intervene to structures things in a way that reimbursement be given either to the marginals or to private laboratories. It should not be hindered by corruption & availability must be ensured. Sc has also put a warning before the government if said order is not followed, it shall issue one more mandamus for the same. But point to be noted, there has not been instances where the government has spent funds on public health generously.
SC order must not be criticised without having read the reason behind. Court gave proper time to the government to file affidavit to submit its reply and also it did not proceed when the government representatives were absent on 3rd April. It did give order when only the SG of India was present. Therefore, the government was fully able to submit its pleadings.
In current scenario, the expenses are the least to be given attention. If one crore tests are carried out, it’d cost 4500 crores. Either it can be withdrawn from PM-Cares fund of from Corona package. Order of the Hon’ble SC criticised always when it comes, and it has become habitual. But not every order contains provisions contrary to law or to general public in any way. Therefore, one must evaluate all the aspects before putting negative remarks to such authority.
