Delhi High Court (Justice Rajiv Sahai Endlaw) while disposing of the writ petition, has today directed Delhi Govt. run Institute of Liver and Biliary Sciences (ILBS) to provide free treatment to 27 years old Hanuman, a patient of Hepatitis B Surface Antigen (HBsAG). The High Court had earlier asked ILBS, Delhi Govt., Ministry of Health, GOI and RML Hospital to file their responses to the petition.
Hanuman through Adv Ashok Agarwal has filed writ petition in the High Court seeking directions against ILBS to provide him free treatment without insisting upon the production of National Food Security Card as a proof of his belonging to economically weaker section. The Hon’ble Judge directed area SDM to issue income certificate to Hanuman in regard to his EWS status and on production thereof, the ILBS shall provide him free treatment.
The petition says, “He is a poor person residing with his family comprising of his wife, three years old son and one year old daughter, in slums of the Delhi Badli. It is submitted that due to petitioner’s illness, he is unable to work and therefore depends on others help to pull on his family. He and his family are undergoing great mental agony and harassment. Earlier, he used to do the work of stitching at a shop and was getting Rs. 100/- to Rs. 150/- per day. The petitioner on 16.04.2014 had undergone test at the Matoshree Lab in Mumbai where he was found to be suffering from the Hepatitis B Surface Antigen (HBsAg) disease. Thereafter, he went to his home town where he kept on taking treatment from a local Vaid. The petitioner on 21.08.2015 had approached Ram Manohar Lohia Hospital (RMLH) for treatment. The RMLH referred him to the Institute of Liver and Biliary Sciences (ILBS), Vasant Kunj for further treatment and also recommended the check up of his entire family members. The petitioner thereafter, on 07.09.2015, approached the ILBS for treatment. However, the said Institute refused to provide free treatment to him and asked him to pay for the treatment. He produced a copy of his father’s BPL card (original deposited with Food and Supplies Department, Delhi) and made a request to provide him free treatment as he was unable to pay any amount and moreover, offered to give a self declaration to the Director of ILBS that his family income from all sources is less than Rs. 1 lakh per annum. However, the respondent no.1- ILBS arbitrarily and erroneously declined to provide him free treatment.”
“The denial of free treatment to poor patient Hanuman by ILBS is violative of Fundamental & Constitutional Rights to life & health of the petitioner, as guaranteed to him under Article 21 read with Articles 38, 39, 41 & 47 of the Constitution of India;” argued Adv Ashok Agarwal.
Ashok Agarwal, Advocate