The Bombay High Court observed that every individual should have access to medical treatment and not be deprived of it because of lack of finances.
The Bombay High Court observed that every individual should have access to medical treatment and not be deprived of it because of lack of finances.
A division bench of Justice PB Majmudar and Justice RM Sawant on Friday directed the Brihanmumbai Municipal Corporation (BMC) to submit an affidavit stating its stand on the issue of free beds and medical treatment to poor patients at Seven Hills Hospital, a multi specialty hospital in Marol run by Seven Hills Healthcare Private Limited (SHHPL).
The court was hearing a petition filed by SHHPL challenging the notices issued by the BMC in February asking them to vacate the nearly seven-acre premises allotted to them to run the hospital.
Dinyar Madon, counsel for SHHPL, argued that they were willing to abide by their Memorandum of Understanding (MoU) signed with the BMC. However, Madon said that they are not willing to cater to any additional demands.
“They want us to give free medicines to the poor. Some of the medicines cost as much Rs16,000. Even the corporation hospitals do not give medicines completely free to patients,” argued Madon.
In response, justice Majmudar asked, “Then the poor man has to die without medicine?”
BMC counsel Ashutosh Kumbhkoni informed the court that they were not demanding anything additional. The corporation just expects that 20% of the hospital services should be at par with BMC hospitals in providing free treatment to the poor.
Madon countered that they have been asking the civic body to give them a list of medicines which they have been providing free of cost to poor patients.
“But the corporation has not given us the list. We have repeatedly said that we are willing to abide by the agreement,” added Madon.
Comparing free medical treatment to that of free legal aid provided to the accused, justice Majmudar remarked: “Is it not the right of citizens to get free treatment just as free legal aid? According to us, free medical treatment is more important than legal aid.”
“We are more concerned with life. Every human being is equal. No citizen, for want of finance, should be deprived of treatment,” added justice Majmudar.
SHHPL has sought quashing of the notices, stating: “It will become impossible for the petitioners to vacate the premises and they will face grave hardship, irreparable loss and injury which cannot be compensated in terms of money.”
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