What action have you taken against illegal online health service aggregators: HC asks Delhi govt

Published On 2022-05-14 04:00 GMT   |   Update On 2022-05-14 04:00 GMT
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New Delhi: In the latest update regarding the contempt plea seeking action against illegal online health service aggregators, the Delhi High Court has directed the Delhi Government and other concerned authorities to file an affidavit explaining the mechanism that is being adopted to comply with the earlier order of the HC, wherein it had initiated action against such service providers who violated law.

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Apart from directing to file the affidavit, the bench comprising of Justice Subramonium Prasad also sought to know about the steps that are being taken when a complaint is received that a lab is operating without licence.

"The respondents are directed to file an affidavit delineating mechanism being followed to ensure that the order dated 06.08.2020 is being complied with in its letter and spirit, and the steps that are taken when a complaint is received that a lab is functioning without the requisite licence in the city of Delhi," the bench noted.

Listing the matter for further hearing on June 1, the HC bench further asked GNTCD, ICMR and Delhi Police to remain present in the court on the next date of hearing and assist the court in the proceedings.

"The responsible Officers of the GNCTD, ICMR and Delhi Police are directed to be present in the Court on the next date of hearing to assist the Court in this regard," it added.

Medical Dialogues had earlier reported that a division bench of the high court, on August 6, 2020, had directed the Delhi government to take action in accordance with law against online health service aggregators, who are operating illegally without any registration, after hearing all the stakeholders.

Also Read: Define Requisite Standards of COVID testing by Online health Aggregators: HC tells ICMR, Govt

It had been alleged in the plea that rampant illegal sample collection by online health service aggregators was leading to false-negative COVID-19 results thereby letting loose the coronavirus positive patients in the society and hence, unfortunately, allowing them to transmit or spread the virus.

It further stated that there was an urgent need to restrain the online health aggregators from collecting the diagnostic samples illegally to save innocent people in the interest of the public at large and action may be initiated against them as directed by the court on August 6 last year.

However, the petitioner claimed that no action has been taken against the online aggregators by the authorities.

During the last hearing of the case on February 14, 2022, the petitioner doctor had informed the HC bench that there was no monitoring of aggregators rendering service in Delhi apropos COVID related tests by Delhi Government. He had further claimed that the service providers who may be located outside the national capital were operating without any supervision by any authority statutory agency or government.

Back then, taking note of the fact that there was no mechanism of oversight by the State government, relating to the collection of blood samples in Delhi for tests, the bench had directed the Delhi Government to formulate and operationalise a regime for surprise checks, inspections, and audits as may be appropriate.

Apart from this, the bench had also directed the GNCTD to publish the requisite standards for collection of samples within one week after due consultation with the Indian Council of Medical Research (ICMR).
Yesterday, while considering the contempt plea, the bench referred to the order passed on August 6, 2020 and noted, "A perusal of paragraph No.5 of the said order indicates that a direction has been passed to the respondents to initiate action against such violators of law who are engaged in any illegal online health service aggregators operating in Delhi in violation of the law, after giving an adequate opportunity of being heard to the concerned parties."
"The letter and spirit of the said order indicates that this Court had intended to ensure that labs and online health service aggregators, which were not accredited by NABL and had not received approval from the ICMR to collect samples and provide reports, did not function in the city of Delhi," the HC bench further mentioned in the order.
Therefore, taking note of the current circumstances, the bench directed the concerned authorities to file an affidavit delineating mechanism that is being followed to comply with the 2020 order of the HC.
"The respondents are directed to file an affidavit delineating mechanism being followed to ensure that the order dated 06.08.2020 is being complied with in its letter and spirit, and the steps that are taken when a complaint is received that a lab is functioning without the requisite licence," noted the bench as it listed the matter for further hearing on June 1, 2022.
To read the HC order, click on the link below.
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