Lamenting that even after 66 years of independence poor people do not have access to free medical treatment, the Delhi High Court today said the Centre should consider "expanding" its health budget if the poor are to benefit from innovations in the medical field.
"Just because someone is poor, the State cannot allow him to die. In fact, Government is bound to ensure that poor and vulnerable sections of society have access to treatment for rare and chronic diseases," Justice Manmohan said, adding that "health is not a luxury and should not be the sole possession of a privileged few."
The court made the observations while directing Delhi government to "discharge its constitutional obligation" and provide free of charge Enzyme Replacement Therapy at AIIMS to a rickshawpuller's sole surviving son who is suffering from a rare genetic disease, Gaucher.
Gaucher is a Lysosomal Storage Disorder, wherein the body cannot process fat resulting in accumulation of fat around vital organs of the body. If the disease is left untreated, the patient is unlikely to survive.
It observed that in the instant case the prognosis was good and "there is a likelihood of the patient leading a normal life".
The rickshaw puller, who has already lost three kids to the disease, had moved the court as he could not afford the "exorbitant" ERT treatment costing approximately six to seven lakh rupees.
While granting the relief, Justice Manmohan said, "On account of lack of Government planning, there is 'pricing out' of orphan drugs (medicines for diseases affecting small number of people) for rare and chronic diseases, like Gaucher. The ERT is so expensive that there is a breach of constitutional obligation of the Government to provide medical aid on fair, reasonable, equitable and affordable basis."
"By their inaction, the Central and the State governments have violated articles 14 (right to equality) and 21 (right to life) of the Constitution," it said.
Justice Manmohan said since there has been a "breach of a constitutional right", the court is under a duty to ensure that effective relief is granted.
