In an order that will prove to be a major relief for many Indian citizens, the Supreme Court Bench comprising of Justices Ashok Bhushan and Ravindra S Bhat, in the case of Shashank Deo Sudhi v. Union of India & Ors. passed an interim order stating that COVID-19 testing be done free of cost by government and private laboratories for all Indian citizens.
The order came pursuant to a petition filed on March 31 in the Supreme Court seeking directions to be issued to the concerned authorities for making COVID-19 testing free of cost for all Indian citizens owing the escalating mortality rate across the Country.
The Supreme Court has also noted that such tests be conducted only in National Accreditation Board for Testing and Calibration (NABL) accredited labs or agencies approved by the World Health Organization or the Indian Council of Medical Research (ICMR).
Commenting on the unfeasibility of the present rates for testing in private labs (Rs 4,500), the Court remarked
“We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private Labs to charge Rs.4500 for screening and confirmation test of COVID-19 may not be within means of a large part of population of this country and no person be deprived to undergo the COVID-19 test due to nonpayment of capped amount of Rs.4500. It is submitted before us that insofar as Government Laboratories are concerned the COVID-19 test is conducted free of cost.”
Making remarks on the current situation, Solicitor General Tushar Mehta said – “Almost 15,000 tests are being done by 118 laboratories. This was not sufficient. So private labs had to be roped in for COVID 19 tests. We have involved 47 private laboratory chains. It’s a developing situation.”
Deliberations with regards to a system of reimbursement by the Government to the Private Labs for conducting such tests are underway.
The Supreme Court has now given the government two weeks’ time to file an affidavit in reply.
The order is attached herein
