Consider expanding health budget, HC tells Delhi Govt
lamenting that even after 66 years of Independence, poor people do not have access to free medical treatment; the Delhi High Court on Thursday said the Centre should consider expanding its health budget if the poor are to benefit from innovations in the medical field. “Just because someone is poor, the State cannot allow him to die. In fact, Government is bound to ensure that poor and vulnerable sections of society have access to treatment for rare and chronic diseases,” Justice Manmohan said, adding that “health is not a luxury and should not be the sole possession of a privileged few.”
The court made the observations while directing Delhi Government to “discharge its constitutional obligation” and provide free of charge Enzyme Replacement Therapy at AIIMS to a rickshaw puller’s sole surviving son who is suffering from a rare genetic disease, Gaucher. It observed that in the instant case the prognosis was good and “there is a likelihood of the patient leading a normal life”.
The rickshaw puller, who has already lost three kids to the disease, had moved the court as he could not afford the “exorbitant” ERT treatment costing approximately `6 lakh-`7 lakh. While granting the relief, Justice Manmohan said, “On account of lack of Government planning, there is ‘pricing out’ of orphan drugs (medicines for diseases affecting small number of people) for rare and chronic diseases, like Gaucher. The ERT is so expensive that there is a breach of constitutional obligation of the Government to provide medical aid on fair, reasonable, equitable and affordable basis.”