Bombay High Court asks Government to minimise the suffering of Non-COVID 19 Patients

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A non-COVID patient filed a PIL after one of the Hospitals in Mumbai refused treatment to him. Considering this, the HC has asked local governing bodies to curb the situation.

Issue

The Patient’s Non-Treatment is raised by Activists here. The activists’ concern agitated from the death of patients. The highlight of the issue is that the same was the situation in private hospitals as well. Amidst the pandemic, the non-COVID patients were in proper care and treatment. This is something which was available to them under normal circumstances. The reports said that the patients had to stand in queue for the medical examinations, which led to delay. Another concern was how the medical facilities have been inadequate since the lockdown. and about how nothing was to correct the same.

Arguments raised by the Counsel for the State

Anil Sakhare, who appeared for the Brihanmumbai Municipal Corporation (BMC), opposed the petition. The counsel for the State challenged the petition. He clarified that adequate facilities were in place to look into the citizen’s needs. There is also an arrangement for proper treatment of the citizens. 

Agreements raised by the Counsel for the Petitioner

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Ankit Kulkarni was the Counsel for the Petitioner. He put forth some recommendations and asked for its consideration by the Corporation. Dayanand Stalin, an activist, pointed out suggestions in ensuring healthcare to the citizens.

Suggestions put forth by the Petitioners 

One of the main recommendations of the petitioners was the use of a mobile clinic. In this regard, Adv. Kulkarni said that, “This will be of great help, especially for non-COVID-19 patients. Thus, such patients need not go to some hospital and risk their lives by getting exposed to the virus. We have requested the civic body to have such mobile clinics in every ward of the city and as per need.” 

Held

The Bench comprising of Chief Justice Dipankar Datta & Justice A.A. Sayed, put forth that:

“Having regard to the havoc wreaked by COVID and in the absence of any therapeutic cure of the disease, every possible option ought to be explored so that the suffering of the people at large can be minimised to the extent possible. If indeed what the petitioners and the private institutions suggest are of any help or help to mankind, we see no reason on why the State and the Corporation may not consider the same in its true perspective. Despite the initial opposition, Mr Sakhare has also submitted that if at all the petitioners’ suggestions are of any worth, the Corporation will look into the same.”

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The High Court has directed the petitioners to compile their suggestions. Further hearing of the case is on 22nd May, 2020.


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