PIL Seeking Free COVID treatment facilities Withdrawn from Delhi HC

New Delhi  -  A public interest litigation (PIL) moved in Delhi High Court seeking directions to provide free medical treatment, from ambulance service and diagnosis to COVID-19 patients was withdrawn by the petitioner on Tuesday.

A division bench of Chief Justice DN Patel and Justice Prateek Jalan showed displeasure with the petition prayers and said the PIL must have a sense of responsibility.

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"The government is already providing one crore compensation to the front line workers. Let the government work," the bench said adding that the government needs workers to work and not advisors.

The PIL, moved by Sushant Mishra and Gaurav Dua, sought directions to the Centre and Delhi government sought directions to Centre and Delhi government to provide free medical treatment from ambulance service to the main treatment.

It also sought directions to grant ex-gratia assistance on account of the loss of life and create means of livelihood without any discrimination in the best interest of the people who have been affected by the COVID-19 pandemic.

The plea sought directions to pay the charges for COVID-19 test in all hospitals including the private hospitals/labs from the COVID fund released under the National Health Mission to Delhi and also to bear and pay the medical expenses of the COVID-19 patients even in private hospitals or provide free medical insurance policy to cover the treatment of COVID-19 patients.

Petitioner's lawyer Chaitanya Madan also said that certain provisions of the Disaster Management Act, 2005 are yet to be implemented in its entirety which is against the settled principles of law that a benefit of law has to be in its completeness.

"The legislature cannot pick and choose its provisions. The Disaster Management Act, 2005 has been legislated by the Parliament with intent to provide relief measures to effected citizens by disaster without any divide/ hindrance on class, religion, economic strata or financial worth of any citizen of India," Madan said.

He said that the relief measures, as envisaged under the Disaster Management Act, 2005, have yet not been wheeled in its complete effect by the Centre and the Delhi government which is detrimental to the rights of citizens who have been affected by COVID-19.

In order to implement the provisions of the Disaster Management Act, 2005 in true letter and spirit, the respondents ought to incur and bear the expenses for medical treatment from ambulance to main treatment of COVID-19 and the said treatment should be made available to COVID infected persons without any reservation without any divide/ hindrance on class, religion, economic strata or financial worth of any citizen of India, the plea said. 

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