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Supreme Court today while hearing plea by a woman seeking Financial Assistance from PM CARES and State Relief Fund, for the lung transplant of her husband seeking treatment at a hospital in Hyderabad, noted that there is already a national policy in place addressing Serious Ailments/Rare Diseases. 

The petitioner has averred that the amount of Rs 3 lakh from PM CARES and Rs 2 lakh from the State Relief Fund has already been released, which the petitioner claims insufficient, given to the huge estimate of the surgery.

A Division Bench of Justice L. Nageswara Rao and Justice Aniruddha Bose, dictating the order said,

“We can do no better than permit the petitioner to make representation to Respondent 1 to 5 for financial assistance. We are informed that there is a national policy formed in 2021 to assist persons in need of financial aid for serious ailments."

Counsel for the petitioner informed the Court that the Hospital was ready to waive of 15% on the total expense to which the bench said, considering the huge reputation of the Respondent Hospital, we expected some more benevolence - However, we do not hold anything against them. 

Counsel for the respondent submitted that the condition of Petitioner's husband was gradually improving and that Doctor's opine that he can function without ECMO now.

On the last date of hearing, Court had said that Medical Reimbursement cannot be claimed as a Fundamental Right under Article 21. However, taking a compassionate view, the bench agreed to speak to the hospital concerned.

“Tell us what is your Right, that the entire amount you are spending in a Private hospital, you have come to seek reimbursement from the Government,” Court said.

On the Counsel submitting that Article 21 Right To Health allows him to do so, Court disagreed saying that citizens cannot claim reimbursement as a Matter of Right – 

“You imagine the amount of danger we will put on ourselves if we issue notice in this, this will be only work we will be doing then.”

On the petitioner submitting that a large amount of money has already been spent during post-COVID treatment, hence the present plea demands Court’s indulgence, Court remarked,

“What is this argument? You are arguing in a Civil Court or a Constitutional Court? You are saying look I have spent money, now I need reimbursement”

Answering Court’s query on what is the status of Petitioner’s husband as of now, the Counsel said, 

“He is currently on ECMO - in a Hospital in Hyderabad with an expense of 1.45 lakh per day. We have approached every authority. We have disposed all our property. It is not that we are sitting idle. The entire estimate for Transplant is about 1 Crore”

Read the contents of the plea here

Case Title: Sheela Mehra v. Union of India