SC seeks Centre's reply on PIL seeking palliative care in health programme

The Supreme Court sought the Centre's response on Thursday on a PIL seeking a direction to authorities to provide palliative care to terminally-ill persons as part of the national health programme.

A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra took note of the submissions made by senior advocate Jayna Kothari, who appeared in the court on behalf of the petitioner, that palliative care should be recognised and made part of the national health programme.

The court did not agree to one of the prayers in the public interest litigation (PIL) matter filed by Bengaluru resident Rajshree Nagaraju that the right to get palliative care be declared as a part of right to health under Article 21 (protection of life and liberty) of the Constitution.

"You seek mandamus (a writ) stating palliative care comes under Article 21. I do not think that you need to pursue this prayer. The right to palliative care is part of the right to health and life.... Article 21 covers all aspects of human existence," the CJI said.

Terming the plea "genuine", the bench sought the Centre's response in eight weeks and asked it to file a comprehensive reply stating the existing policy on palliative care in the country.

Kothari said presently, one to two per cent of patients get palliative care in the country.

The PIL has made the Union Ministry of Health and Family Welfare and all the states and Union territories parties to it.

Palliative care is a specialised medical care for people suffering from serious ailments and health conditions of terminal nature.