Volume 2 Issue 7

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Denial of free of cost treatment is in violation of fundamental rights

Date of News: 

20-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281526

Name of the Author: 

Sarthak Dixit

Field of Law: 

Health Law

Content of News:

The Delhi High Court has granted relief to the parents of a four-and-a-half-year-old minor girl suffering from a life-threatening rare ailment, ordering AIIMS to give her immediate treatment, while the problem of requisite cash will be addressed later. The father of the child claims to be a daily wager with no other source of income since the lockdown. He approached the High Court through lawyers Ashok Aggarwal and Kumar Utkarsh, alleging that the respondent state government have neglected to provide his child with free treatment. The child is suffering from the rare Gaucher disease which is a hereditary illness characterized by the accumulation of fat-laden cells in organs such as the spleen, liver, and bone marrow, necessitating the immediate and continuous prescription of expensive Enzyme Replacement Therapy. This condition can be prove to be fatal if it is not treated every week. This therapy costs more than 50 lacs, which the parents are unable to cover. The court noted that denial of free treatment to the petitioner and such children would be a breach of the petitioner's fundamental rights as provided by Articles 14, 21, 39, 41, and 43 of the Constitution. A similar order had been issued by Justice Palli in favour of a minor child who was likewise suffering from a rare life-threatening condition. It was also brought to attention that the court is already dealing with a number of similar instances and has also issued instructions for the upkeep and use of a rare disease fund, which is an online crowdfunding initiative.

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