COURTESY HT DEC 19

SC for capping Covid treatment charges at private hospitals
Utkarsh Anand

letters@hindustantimes.com

New Delhi : States should make adequate arrangements in government hospitals to treat Covid-19 patients or cap charges in private facilities, the Supreme Court ruled on Friday, saying that the “right to health included affordable treatment”.

The court’s direction came on a suo motu case assessing efforts to control Covid-19, a challenge the judges said was like “fighting a world war” against a disease, while also noting that people who violate protocols should be dealt with strongly. The bench, headed by Justice Ashok Bhushan, said it is the duty of the State to make provisions for affordable treatment and provisions in hospitals run and managed by them. But when these do not meet expectations, state governments should exercise powers under the pertinent law.

“Therefore, either more and more provisions are to be made by the state government and the local administration, or there shall be (a) cap on the fees charged by the private hospitals, which can be in exercise of the powers under the Disaster Management Act,” held the bench, which also included Justices RS Reddy and MR Shah.

The court said treatment costs have only risen, and it is not affordable for common people. Even if one survives Covid-19, a person often is ruined financially and economically, the judges said. This is the first time the top court has issued an order favouring a ceiling on charges by the private hospitals.

While hearing a bunch of petitions on the same issue, another SC bench, led by Chief Justice of India SA Bobde, earlier said that it would be inappropriate for the court to impose a ceiling. “We are not equipped with what could be the best model of treatment for Covid patients,” the CJI-bench noted in its order in July, leaving it to the government for issuing suitable advisories.

The latest order, however, is unequivocal in stating that when the State is not well-equipped to provide affordable treatment to everyone, it must ensure private hospitals cater to Covid patients at fixed and inexpensive rates. It has also ordered that wherever a state government has issued orders to the private hospitals for reserving a certain percentage of beds, they must comply.

In its order on Friday, the bench also sought a crackdown on people not wearing masks or following norms such as social distancing.

“They cannot be permitted to play with the lives of the others and they cannot be permitted to infringe the rights of other citizens, like right to health, guaranteed under Article 21 of the Constitution of India.”

The bench further said that states may consider imposing night curfew or curfew over the weekend, wherever required, adding people should be informed well in advance of any such decision. It added that local authorities should not ordinarily give permission for gatherings or any function and if a nod is granted, a strict vigil is a must on number of people and if they are following all protocols. About political events too, the top court said that states must issue guidelines in terms of the restrictions announced by the Election Commission of India on such events.