Click Here to find Nearest Philanthropic Labs for COVID-19 Free Test
In a huge relief for people opting for COVID-19 tests in private labs, a bench of Justices Ashok Bhushan and Ravindra S Bhat in an interim order has asked the government to make testing of Coronavirus free of cost in both government and private labs.
The bench has also ordered that such tests be conducted only in NABL accredited labs or agencies approved by the World Health Organization or the ICMR.
The Court has primarily noted that a cost of 4,500 for such tests being charged by private labs was not feasible.
We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private Labs to charge Rs.4500 for screening and confirmation test of COVID-19 may not be within means of a large part of population of this country and no person be deprived to undergo the COVID-19 test due to nonpayment of capped amount of Rs.4500. It is submitted before us that insofar as Government Laboratories are concerned the COVID-19 test is conducted free of cost. Supreme Court
The two judge bench has further noted that private Hospitals including Laboratories have “an important role to play in containing the scale of pandemic by extending philanthropic services in the hour of national crisis”.
Earlier in the day as the hearing on the petition by Advocate Shashank Deo Sudhhi progressed via video conferencing, Justice Ashok Bhushan had suggested if COVID-19 testing could be made free across the country or if a reimbursement mechanism could be drawn so that charges by private labs can be paid by the government.
Solicitor General Tushar Mehta appearing for the government laid down the reasons why private labs were roped in.
"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," submitted SG Mehta.
On March 31, a petition was filed in the Supreme Court seeking a direction to the Centre and authorities concerned to provide free of cost testing facility for COVID-19 to all citizens in the country.
The plea sought a direction to the authorities for ramping up the testing facilities for COVID-19 at the earliest "given the escalating mortality and morbidity rate across the country".
The petition, filed by advocate Shashank Deo Sudhi, had questioned the March 17 advisory of the Indian Council of Medical Research (ICMR) which capped Rs 4,500 for testing of COVID-19 in private hospitals or labs, including screening and confirmatory tests.
"It is extremely difficult for the common citizen to get himself/herself tested in the government hospital/labs and being no alternative in the sight, the people are constrained to pay the capped amount to the private hospital/labs for protecting their lives," it said.
The plea said the impending danger of coronavirus is extremely serious, given the deprived population of the country, and testing is the only way to contain the pandemic.
"Further, the capping of the prices of the testing facility of COVID-19 in private hospitals/labs strikes at the Article 14 of the Constitution of India as being arbitrary and unreasonable," the plea said and urged that the March 17 advisory be declared arbitrary.
It also sought a direction for ensuring that all tests relating to COVID-19 are conducted under National Accreditation Board for Testing and Calibration Laboratories (NABL) or ICMR accredited pathological labs.
Since the order passed on April 8 is an interim order, SC has given the government a time of two weeks to file an affidavit in reply.
The bench has also ordered that such tests be conducted only in NABL accredited labs or agencies approved by the World Health Organization or the ICMR.
The Court has primarily noted that a cost of 4,500 for such tests being charged by private labs was not feasible.
We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private Labs to charge Rs.4500 for screening and confirmation test of COVID-19 may not be within means of a large part of population of this country and no person be deprived to undergo the COVID-19 test due to nonpayment of capped amount of Rs.4500. It is submitted before us that insofar as Government Laboratories are concerned the COVID-19 test is conducted free of cost. Supreme Court
The two judge bench has further noted that private Hospitals including Laboratories have “an important role to play in containing the scale of pandemic by extending philanthropic services in the hour of national crisis”.
Earlier in the day as the hearing on the petition by Advocate Shashank Deo Sudhhi progressed via video conferencing, Justice Ashok Bhushan had suggested if COVID-19 testing could be made free across the country or if a reimbursement mechanism could be drawn so that charges by private labs can be paid by the government.
Solicitor General Tushar Mehta appearing for the government laid down the reasons why private labs were roped in.
"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," submitted SG Mehta.
On March 31, a petition was filed in the Supreme Court seeking a direction to the Centre and authorities concerned to provide free of cost testing facility for COVID-19 to all citizens in the country.
The plea sought a direction to the authorities for ramping up the testing facilities for COVID-19 at the earliest "given the escalating mortality and morbidity rate across the country".
The petition, filed by advocate Shashank Deo Sudhi, had questioned the March 17 advisory of the Indian Council of Medical Research (ICMR) which capped Rs 4,500 for testing of COVID-19 in private hospitals or labs, including screening and confirmatory tests.
"It is extremely difficult for the common citizen to get himself/herself tested in the government hospital/labs and being no alternative in the sight, the people are constrained to pay the capped amount to the private hospital/labs for protecting their lives," it said.
The plea said the impending danger of coronavirus is extremely serious, given the deprived population of the country, and testing is the only way to contain the pandemic.
"Further, the capping of the prices of the testing facility of COVID-19 in private hospitals/labs strikes at the Article 14 of the Constitution of India as being arbitrary and unreasonable," the plea said and urged that the March 17 advisory be declared arbitrary.
It also sought a direction for ensuring that all tests relating to COVID-19 are conducted under National Accreditation Board for Testing and Calibration Laboratories (NABL) or ICMR accredited pathological labs.
Since the order passed on April 8 is an interim order, SC has given the government a time of two weeks to file an affidavit in reply.
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