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
M.
9811101923
Tel.
011-23070026
26.11.2015
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