COVID-19 Tests Should Be Free Of Cost For Every Indian Citizen: Supreme Court

S Bhanu Prasad

5 years ago

“The court observed in the order that “We find prima facie substance in the submission of the petitioner that at this time of national calamity permitting private Labs to charge ₹4,500 for screening and confirmation test of COVID-19 may not be within means of a large part of the population of this country.”

On March 31, 2020, a Public Interest Litigation (PIL) was filed by an advocate, Shashank Deo Sudhi, in the Supreme Court of India, concerning the deadliest global pandemic viral disease – COVID-19. The plea had sought some urgent directions from the honourable Apex Court to pass the orders concerning the Covid19 as follows:

All the COVID-19 tests should be free of cost for all in the country, whether tests conducted at government or private laboratories (Under Article 32 of the Constitution of India) and;
All the tests relating to COVID-19 must be carried out under the National Accreditation Board for Testing and Calibration Laboratories (NABL) or any agencies approved by the World Health Organisation (WHO) or the Indian Council Of Medical Research (ICMR).

In order to those two above sought directions from the apex court, the plea had also challenged the March 17, 2020, advisory of the ICMR that capped the price of the COVID-19 testing in private or government laboratories at ₹4,500.

Indian doctors wait in an area set aside for possible COVID-19 patients at a free screening camp at a government run homeopathic hospital in New Delhi, India, Friday, March 13, 2020. The camp is part of the government’s surveillance for fever and other symptoms related to the coronavirus. The vast majority of people recover from the new virus. According to the World Health Organization, people with mild illness recover in about two weeks, while those with more severe illness may take three to six weeks to recover. (AP Photo/Manish Swarup)

On Wednesday, April 8, 2020, the petition was called for a hearing through a video conferencing by the apex court. This petition was heard by a bench comprising Justices Ashok Bhushan and Ravindra S Bhat. Arguments from both sides were heard i.e, respectively by the petitioner, himself representing and by the union of India represented by the Solicitor General (SG) Tushar Mehta.

During the hearing, the court has observed that the private laboratories should not be allowed to charge a high amount for the COVID-19 tests.

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To this, the SG had informed the apex court that “almost 15,000 tests are being done by 118 laboratories. This was not sufficient. So private labs had to be roped in for COVID-19 tests. We have involved 47 private laboratory chains. It’s a developing situation.“. The SG has explained this to the justices to justify the reason for allowing the private labs into testing.

Upon hearing the arguments made by both the petitioner and the SG, the Apex Court was satisfied with the plea of the petitioner and passed interim directions as follows,

“(i) The tests relating to COVID-19 whether in approved Government Laboratories or approved private Laboratories shall be free of cost.

(ii) Tests relating to COVID-19 must be carried out in NABL accredited Labs or any agencies approved by WHO or ICMR.” (Page: 3)

The decision to pass that interim order was considered in view of the socio-economic situation of the Indian population, where large communities lack basic cloth, food and shelter, and more.

Migrant workers in different parts of the country forced to return to their homes on foot.

Therefore, the court observed in the order that “We find prima facie substance in the submission of the petitioner that at this time of national calamity permitting private Labs to charge ₹4,500 for screening and confirmation test of COVID-19 may not be within means of a large part of the population of this country and no person be deprived to undergo the COVID-19 test due to non-payment of the capped amount of ₹4,500.” (Page: 2)

The apex court has also raised a question about whether the private laboratories carrying free of cost COVID-19 tests are entitled to any reimbursement of expenses incurred. To this, the court observed that the matter of expenses incurred by the private laboratories “shall be considered later on”.

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In the order, the apex court has also observed that “the number of patients suffering from COVID-19 is rapidly increasing worldwide with the death toll rising rapidly. In our country, in spite of various measures taken by the Government of India and different State Government/Union Territory the number of patients and death caused by it is increasing day by day.” (Page: 2)

Upon order, the court has allowed two weeks time for the respondents to file an affidavit in reply to the court.

Therefore in an interim order, the apex court has directed all the agencies whether private or government laboratories conducting the COVID-19 tests to be provided at free of cost for all in the country irrespective of their economic status.