Challenging that the Delhi govt’s notification directing private hospitals in Delhi have to admit only ‘bona fide residents of NCT of Delhi’ for COVID treatment, a Public Interest Litigation has been filed in the Supreme Court(SarthakChaturvedi versus State of NCT of Delhi & another).
Through Advocate on Record NamitSaxena, Advocate SarthakChaturvedi had filed the petition whichchallenged the Delhi Government’s June 7 notification as “arbitrary, devoid of merits, unjust, unfair and unreasonable and deserves to be quashed for violating Article 14, 15, 19 and 21 of the Constitution.”
Restriction on medical treatment by hospitals under the Government as well as private hospitals in the capital to only residents of one particular area of the country, the notification also violated Article 19(1)(g) of the Constitution of India, mentioned a PIL drawn by Advocate ShubhamJaiswal.
June 7 notification is in “gross breach of cooperative federalism.” as it limits patients from other States to avail medical facilities.
Delhi Government does not have any power in the Epidemic Disease Act, 1897to restrict the medical treatment of individuals on the basis of residence for covid treatment.
The petitioner contended that the order of covid treatment is limited to COVID-19 patients and not to other citizenswhile Delhi’s Lieutenant Governor has now rolled back the notification to some extent.
A class bias amongst citizens between ‘those who are residents of Delhi, those who are ‘bona fide’ residents of Delhi and the rest entire country would be created’ averted the Plea.
“This is not only violative of Article 14 but also violates right to movement under Article 19(1)(d) and right to settle under Article 1,”the plea quoted
Read the petition here: