PANAJI
The Bombay High Court at Goa has issued notices to the Goa government as well as the four private hospitals offering treatment for Covid-19 patients after a petitioner -- Dr Aquaviva Fernandes approached the High Court alleging that the rate caps set by the Goa government for the private hospitals treating the patients.
In his petition, Dr Fernandes alleged that the rates are “arbitrary, unreasonable and discriminatory thereby violating the fundamental rights enshrined under Articles 14 and 21 of the Constitution of India and needs to be revisited and modified in favour of the interest of public health and safety at large.”
“Right to Health is an integral part of Right to Life guaranteed under the Constitution of India and the State is constitutionally obligated to ensure that the same is upheld, especially when the entire State is suffering from a health crisis of this magnitude. It is not merely unethical but also inhumane to encash on the misery of the common man in such trying times which results in grave abridgment of right to health and causes inequality towards access to medical facilities on financial grounds,” Dr Fernandes said in his petition.
“The bad conditions prevailing in government run hospitals and the completely over stretched infrastructure deter the general public from getting admission in government hospitals [On account of] the low capacity for admission of Covid-19 patients and exceedingly overcrowded wards at government hospitals, symptomatic Covid-19 positive patients are forced to move from pillar to post seeking admission, ultimately compelled to resort to treatment at Private Hospitals,” Dr Fernandes said in his petition.
“The sorry state of government run hospitals and the high tariff rates levied by private hospitals deters symptomatic Covid-19 patients from availing medical attention before their condition becomes critical thus requiring immediate medical intervention,” he said.
“Because of the exorbitant rates of treatment for Covid-19 symptomatic patients and due to financial constraints on part of the patients, there is likelihood of the symptoms in both critical and non critical cases of being neglected and untreated leading to complications and fatalities which could otherwise be avoided,” he added.
Dr Fernandes also pointed out that the rates capped in some other states were much lesser than in Goa which “is by far the highest amongst the States in India pointing out that Tamil Nadu (Rs 2,500), Uttar Pradesh (at Rs 1,600), Maharashtra (at Rs 2,200), Kerala (at Rs 2,750) & Delhi (at Rs 2,400)
have all set caps much lower than Goa.
The High Court Division bench of Justices M S Sonak and M S Jawalkar has heard brief arguments and asked the petitioner to make the hospitals also party to the case and has posted the matter for October 21.
