The verdict was delivered on Wednesday by Justice M. Nagaprasanna, who allowed a batch of petitions filed by Rakesh Mahalingappa L. and others. The detailed written order is awaited.
It orally said, "We will not allow one wing of the government to tinker with the medicines being given to the poor, whether it is free of cost or for a nominal price," reports Live Law.
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The petitions challenged the government order dated May 14, which directed the shutdown of all Jan Aushadhi Kendras located inside government hospitals. Petitioners argued that the order was passed in haste without prior consultation and violated public interest. They also noted that significant investments had already been made in infrastructure, equipment, and staffing for the Kendras. The petitioners contended that the order violated their right to livelihood under Article 19(1)(g) and the right to life under Article 21 of the Constitution. It also adversely affected citizens’ Right to Health, they argued, reports TNIE.
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According to Live Law, the plea further claimed that Jan Aushadhi Kendras provide generic medicines at 50-90% reduced rates, making healthcare accessible to those who fall under the below poverty line category, senior citizens on fixed incomes, daily wage workers, and chronic patients requiring regular medication. Thus, it does not in any manner affect the larger public interest, adversely and rather their closure impacts citizens' right to health. The Additional Advocate General argued that government hospitals already supply medicines free of cost, making the operation of Jan Aushadhi Kendras within hospital premises unnecessary. He submitted that the Kendras were free to continue functioning outside hospital campuses and that the State intended only to reclaim government land occupied within hospital premises.
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