A bench comprising of Justices Ashok Bhushan and Ravindra S Bhat of Supreme Court today modified its previous order, stating that free testing will only be available for the Economically weaker sections of the society including those covered under Ayushman Bharat Scheme.
The earlier order was passed on 8th April mandating free testing for COVID-19 in all government and private labs.
The Court said that the private labs can charge an amount of Rs 4,500 from those who do not fall under the said categories. Furthermore, guidelines will be issued to reimburse private labs for the charges that they incur for conducting free tests by them.
The Court also directed the Union Ministry of Health and Family Welfare to consider whether any other category of people shall be included in weaker sections of the society, apart from those covered under the Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana, who will eligible for free testing. These include workers belonging to low income groups in informal sectors, beneficiaries of Direct Benefit Transfer, etc.
The Petitioner, Shashank Deo Sudhi submitted that “The middle class group is suffering. They can’t afford the test. If I am running short on money I can’t go to the private labs for testing. There is a long line at the government hospitals. Till the time I get tested, my condition will be worse.”
The Supreme Court replied,
“Government has created classifications. Even in income tax you have slabs according to earning.”
The Ministry is directed to issue guidelines within one week regarding the classification.
Solicitor General Tushar Mehta submitted that India had started testing two months ago, with one lab and stated:
“But now 157 labs are there. You will be amazed at the amount of effort put in. Railway coaches are turned into hospitals”.
ICMR, while discussing its affidavit in the present matter, stated that all the government laboratories are conducting free tests and “till now 87.28 percent of patients have been tested at the government hospitals”. ICMR confirms, as per data analysis 50 crore people are covered under the Ayushman Bharat Scheme.
Furthermore, the Affidavit confirms “Capping fees mandated by the government for private labs to the tune of 1500 for screening and 3000 for confirmatory tests is only laid out so that private labs don’t exceed this ceiling”. The reply pointed out about 139 government facilities where people can avail free COVID-19 testing irrespective of financial status.
Today’s order was passed in favour of Dr Kaushant Kant Mishra, a Delhi-based orthopaedic surgeon who had filed an application stating the example of UK with regards to testing not being free and raised the issue of less clarity in the earlier notification.
