Delhi HC permits ultrasound at home of 70-year-old patient

New Delhi: The Delhi High Court has allowed a private hospital to take an ultrasound machine to the home of a 70-year-old taking into consideration the serious condition of the patient, who was not in a state to move to the hospital. The high court directed the private hospital to transport the machine under the supervision of the District administration and chief District medical officer. 

According to the Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and the rules framed by the Delhi government in 2015, an individual cannot access the portable ultrasound machine as it could be used to determine the sex of a foetus. However, the court observed that denying the request would violate the man's right to life, as guaranteed under the constitution. 

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Justice Sanjeev Narula observed in the order, "The Court prima facie finds that petitioner's Right To Life guaranteed by the Constitution of India would be violated, if the provisions of PNDT Act are interpreted in a manner that prevents him accessing essential medical equipment." The bench while allowing the petition directed the Director of Fortis hospital, Vasant Kunj to transport an ultrasound machine to the residence of the petitioner.

The petition of 70-year-old Deepak Nirula which was urgently mentioned on Saturday stated that the petitioner is suffering from a debilitating illness called Progressive Supranuclear Palsy (PSP) and is under domiciliary hospitalization at his home, which is an arrangement akin to an ICU setting in tertiary care. The condition attacks the brain and nerve cells causing acute problems with balance, movement, vision, and speech. 

The petition stated that the petitioner can not be taken to a hospital or a clinic for an ultrasound, especially in the present case for removing the infected Peripherally Inserted Central Catheter (PICC) line which has been inserted in his body. The PICC stated to have been infected by a fungal infection Candida Auris which as per the report is resistant to all antibiotics. If the said PICC line is not replaced immediately, it may have dire consequences for his already frail condition.

His plea observed that he was taken to the hospital for an ultrasound procedure but his condition became worse during the process. Thus, the ultrasound machine was required for the test requiring replacement of the infected Peripherally inserted central catheter (PICC) line inserted in the body of the patient. 

The court stated, "In a medical emergency case such as the one before us today, where a petitioner is genuinely not in a position to be transported to a location where the said machine is available, and where a procedure has been prescribed for a patient in domiciliary care, the afore noted provisions of the PNDT and the notification of the Government of NCT of Delhi, cannot come into his way," the court observed in the order uploaded on Monday.

"In the opinion of the court, the legal provisions cited can not be interpreted in such a manner so as to deprive the petitioner of a treatment that is urgently required as per the advice of the concerned doctors. Any delay or failure would impede his treatment and may cause determination of his health," the court observed.

It also merits nothing that the rationale for the introduction of the said prohibitory provisions in the PNDT Act was in the context of prevention of the social evil of pre natal sex determination, which is very far removed from the facts of the instant case, the court said. It observed that even though the Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 was in place to prevent the misuse of ultrasound machines for sex determination, the court could always make an exception in extraordinary cases. 

The court order, as reported in the Hindustan Times, states, "It also merits noting that the rationale for the introduction of the said prohibitory provisions in the PNDT Act was in the context of prevention of the social evil of pre-natal sex determination, which is very far removed from the facts of the instant case; therefore, the providing the said machine to the petitioner is clearly not in contravention of the objective promoted by the PNDT Act."

It was also directed that the above direction be carried out under the supervision of the District Magistrate (New Delhi) and /or District Magistrate (Najafgarh) along with the concerned Chief District Medical officer (who is concerned PNDT Officer) of the aforesaid districts, who shall forthwith issue instructions/approval to Fortis Hospital, Vasant Kunj as may be required to ensure compliance with the the above directions.

The court also observed that the questions of law need to be deliberated further as such similar situations could be faced by others as well. The matter is scheduled to be heard next on September 7. 

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