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On Friday, the Supreme Court issued direction to centre asking it to submit its response regarding the public interest litigation (PIL) filed seeking upper cap on the price charged by the private hospitals for treating COVID-19 patients.
The petition was filed by Avishek Goenka who submitted that the private hospitals are charging huge fees from Covid patients and making it impossible for most of the patients to afford it. This inaccessibility of health care is impinging the fundamental rights of citizens guaranteed under article 14 and 21 of the Indian Constitution.
The bench comprising Justices Ashok Bhushan, M R Shah and V Ramasubramanian asked Solicitor General Tushar Mehta to submit centre’s response and decided to hear the matter next week.
The petitioner said that the procedure of admission of covid patients in hospitals is so arbitrary that it is creating a major gulf between the poor and the affluent patients.
The petitioner submitted that “The failure of respondents in giving a broad-based cost of treatment to Private Hospitals qua COVID-19 patients and consequent irrational charging by them impinges upon rights guaranteed to the patients under Article 21 of the constitution”,
The petitioner also said that the insurance companies are denying insurance claim on arbitrary basis which makes it every tougher for middle and poor strata to afford treatment.
The petitioner further submitted that if the affluent people are allowed to go to the health institution of their choice, it will reduce the burden on government hospitals. This will lead to availability of beds in government hospitals which can be used to treat the needy people. Also a person, who has resources to afford a better health care, wouldn’t have to stay in an institution which is inconsistent with his human personality. The person can be saved from psychological trauma which could be proved as deterrence in his recovery.
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