Only Ayushman Yojana beneficiaries can be tested for free in pvt labs: SC

The Supreme Court Monday modified its April 8 order which asked private labs to conduct free Covid-19 tests and said the benefit will be available only to “economically weaker sections” who are covered under a government scheme such as the Ayushman Bharat.
 

The top court said it never intended to make testing free for those who can afford to pay.
 

It had on April 8 directed that private labs, which were allowed to charge Rs 4,500 for Covid-19 tests, would not charge for the tests observing that they need to be philanthropic in the hour of national crisis.
 

A Bench of Justices Ashok Bhushan and S Ravindra Bhat took note of the pleas of two people, including orthopedic surgeon Kaushal Kant Mishra, who said if the testing was made free for all, private labs would be overburdened financially and would slow down the tests for the novel coronavirus or Covid-19. “Having heard, counsel for the parties, we are satisfied that sufficient cause has been made out to clarify and modify our order dated April 8, 2020,” the SC said.

It added: “The order dated April 8, intended to make testing in private Labs of Covid-19 free for economically weaker sections of the society who were unable to afford the payment of testing fee as fixed by ICMR for Covid-19.
 

“We further clarify that the order never intended to make testing free for those who can afford the payment of testing fee fixed by the ICMR for Covid-19”.
 

The top court took note of the submissions of Solicitor General Tushar Mehta and senior advocate Mukul Rohatgi that according to the directive of National Health Authority under the Ayushman Bharat Yojana, the Covid-19 tests were being conducted free of cost in all private laboratories even when the order was passed on April 8.

“We make it clear that the benefit of free testing by a person can be availed only when he or she is covered under any scheme like Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana.
 

“We are also of the view that looking to the plight of persons belonging to economically weaker sections of the society, the Government may consider as to whether any other categories of persons belonging to economically weaker sections of the society can be extended benefit of free testing of Covid-19,” it said.
 

The court said it was conscious of the fact that framing of the scheme and its implementation were in the government's domain who are the best experts in such matters.
 

Modifying the order, the Bench said, free testing for Covid-19 shall be available to persons covered under the Ayushman Bharat scheme and “any other category of economically weaker sections of the society as notified by the government for free testing, hereinafter”.
 

It said the Ministry of Health and Family Welfare might consider as to whether any other categories of the weaker sections of the society may be granted the facility of free testing.
 

“The Government of India, Ministry of Health and Family Welfare may issue necessary guidelines for reimbursement of cost of free testing undertaken by private labs and necessary mechanism to defray expenses and reimbursement to the private Labs,” it said.
 

The court said the central government was required to give “appropriate publicity” the modified directions.
 

Rohatgi , appearing for some private labs, submitted that ICMR has fixed moderate charge of Rs 4,500 for Covid-19 tests to cover the expenses of labs and moreover, persons covered under the ‘Ayushman Bharat Yojana’ are tested for free of cost.

In case the labs are not to charge any fee for the tests, it will be impossible for them to carry on the test due to financial constraint, he argued.
 

People should stay where they are, says SC on Indians abroad
 

The Supreme Court Monday observed that Indian citizens stranded in various countries due to the Covid-19 pandemic should “stay where they are” after the Centre said it would not be feasible to “selectively evacuate” those who want to return due to various reasons.
 

A bench headed by Chief Justice S A Bobde said this while hearing through video-conferencing pleas seeking evacuation of Indian citizens from different countries including United Kingdom and Gulf nations.
 

The Supreme Court also directed the release of those detainees in Assam who were declared foreigners and have been lodged in detention centres for two years or more.