New Delhi:
The Supreme Court on Wednesday directed the government to issue directions to approved private testing laboratories and hospitals for conducting COVID-19 tests free of cost.
Private hospitals and laboratories have to extend philanthropic services in the hour of national crisis, said a bench comprising Justices Ashok Bhushan and S Ravindra Bhat, which heard the matter via video conferencing.
“We, thus, issue following interim directions to the respondents: (i)The tests relating to Covid-19 whether in approved Government Laboratories or approved private Laboratories shall be free of cost. The respondents (Centre and other authorities) shall issue necessary direction in this regard immediately," the bench said.
It said that tests relating to Covid-19 must be carried out in National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited Labs or any agencies approved by Indian Council of Medical Research (ICMR).
The top court issued directions on a PIL filed by advocate Shashank Deo Sudhi seeking a direction to the Centre and authorities to provide free of cost testing facility for Covid-19 to all citizens in the country.
“We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private labs to charge Rs 4,500 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 non-payment of capped amount of Rs 4,500, the bench said in its order.
It noted the Centre's submission that government laboratories are conducting the Covid-19 tests free of cost.
The top court said that the 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.
“We thus are satisfied that the petitioner has made out a case for issuing a direction to the respondents to issue necessary direction to accredited private Labs to conduct free of cost Covid-19 test,'' the bench said.
The bench, which issued notice to the Centre and sought its response in two weeks, clarified that the question as to whether the private laboratories carrying free of cost Covid-19 tests are entitled for any reimbursement of expenses incurred shall be considered later on.
This comes hours after the top court suggested that the Centre should create a mechanism wherein private laboratories did not charge exorbitant fees from public and government should reimburse the fees charged by labs.
The apex court 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 raised questions on the feasibility of tests that were being charged Rs 4,500 by private labs.
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Earlier SC suggested that the Centre should create a mechanism wherein private laboratories conducting COVID-19 tests do not charge exorbitant fees from public and government should reimburse the fees charged by labs.
A bench of Justices Ashok Bhushan and S Ravindra Bhat was told by the Centre that earlier 15,000 tests were conducted per day by 118 labs and later to enhance the capacity, 47 private labs were allowed to conduct the COVID-19 tests.
The top court was hearing a plea filed by advocate Shashank Deo Sudhi seeking a direction to the Centre and authorities to provide free of cost testing facility for COVID-19 to all citizens in the country.
Sudhi told the bench that there should be free testing of COVID-19 by labs in the country as it is expensive.
Solicitor General Tushar Mehta, appearing for the Centre, said it is a developing situation and government at this juncture does not know how many laboratories will be needed and how long the ongoing lockdown will continue.
To this, the bench suggested that the Centre should ensure that private laboratories do not charge high amount and government should create a mechanism for reimbursement of the fees charges for the tests.
Mehta said he would like to take instructions on this front after which the bench said it would pass orders in the matter.
On April 3, the top court had sought response from the Centre and other authorities on the plea filed by Sudhi.
The petitioner has also 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 has 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. It alleged that authorities are "completely insensitive and indifferent" to the plight of common citizens who are already financially burdened on account of complete lockdown across the country.
"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," it 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 the National Accreditation Board for Testing and Calibration Laboratories (NABL) or ICMR accredited pathological labs.
It said ICMR should be directed to hold regular news briefings through national TV channels about the current situation on coronavirus and precautions to be taken by the citizens.
The plea also said that authorities must ensure adequate numbers of testing kits and centers for COVID-19 across the country.