"PIL’ers must do their homework": Supreme Court refuses to hear plea seeking implementation of National Health Policy

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The Supreme Court on Monday dismissed a Public Interest Litigation seeking Implementation of the National Health Policy-2017 formulated by the Central Government.

A divisional bench of Justice DY Chandrachud and Justice BV Nagarathna said, "Come with something specific, get some data, focus on a critical area as now you have come down to the policy now see what are the specifics."

The petition has been filed by C Anji Reddy through Advocate Hitendra Nath Rath stating, "the Union of India has been formulating National Health Policy from 1983. The primary motive of the Policy is to improve health facilities in the country and also avoid ‘out of pocket spending’ for the treatment by the citizens."

The petition further submitted that, "The Covid19 pandemic showcased the catastrophic effects of non-implementation of National Health Policy and the Judgment passed by this Hon’ble Court. Due to non-availability of adequate free/affordable health care facilities, people of the country are compelled to spend their life time savings, sell the properties, jewelry for getting treatment in private hospitals which is contrary to the mandate of National Health Policy."

Advocate Sravan Kumar appearing for the petitioner submitted that submits that there is a large shortfall with regards to the Doctors and specialists. Whereas, private hospitals are flourishing and private hospitals flourish when there is a shortfall in the Government Hospitals.

However, the bench contended that one cannot claim everything under the sun and leave everything on the Court. Petitioners in the PIL must do their homework. The bench further added that we are not dismissing it you can come back with an amended petition.

Whereas, Kumar indicated that it is very difficult to get the PILs listed, to which Justice Chandrachud said that then you may ask your client to rest in peace. When you are raising a policy issue, the burden of having satisfactory proceedings must be complied with, Justice Chandrachud added.

Case Title: C Anji Reddy Vs. Union of India and Ors.