Skip to main content

Surgery for poor man: Indian High Court demands solution

The Delhi High Court Tuesday issued notice to the Centre, city government and All India Institute of Medical Sciences (AIIMS) on a plea by a person seeking a direction to the hospital to provide him free treatment costing nearly Rs. 800,000 for Reiter’s disease.

Justice Vibhu Bakhru sought a response from the central and the Delhi government health ministries and the hospital by September 26 while asking them to come up with a solution to the issue.

In his petition, Sarvesh, 38, said he has been left crippled and immobile because of the ailment and urgently needs a total hip-and-knee replacement surgery but being poor he cannot afford it.

His wife, the only earning member in his family, works as a domestic help in Delhi on a meagre salary of Rs4,000 which is insufficient to feed a family of four, and it is thus impossible for him to arrange Rs800,000 for the surgery, he said in his plea.

Sarvesh used to work as a casual labourer before he was immobilised due to Reiter’s disease in 2012. The initial treatment, at AIIMS, stopped the disease from getting aggravated. But his knees and hips remain immobile.

Sarvesh then went to Primus Hospital under the EWS category for hip-and-knee replacement surgery where the doctors referred him to AIIMS saying the surgery involved too many complications and could be performed only at AIIMS.

He was admitted to AIIMS and was given a date for the surgery, May 15. However, the surgery was not performed as he was unable to pay for it.

Sarvesh said he made several representations to the AIIMS authorities, Delhi government and the union health ministry requesting them for free treatment. However, the AIIMS authorities reiterated that the surgery could not be performed until the money was paid.

Appearing for Sarvesh, advocate Ashok Agarwal told the court that this action of AIIMS is “violating his human and fundamental right to life”.

He added that AIIMS being a government hospital is under a constitutional obligation to provide free medical treatment to the poor.

Reiter’s disease, also known as reactive arthritis, is an auto-immune condition that develops in response to an infection in another part of the body.

Article referred: http://post.jagran.com/delhi-high-court-issues-notice-to-centre-aiims-for-refusing-surgery-to-poor-man-1408445593

Comments

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...