Excelsior Correspodnent
Srinagar, Apr 8: The State High Court granted one week to Medical Council of India (MCI) and other agencies to file response to a suo-moto cognizance taken by the court on medical corruption in the State.
Since State through its Commissioner/Secretary to Health & Medical Education department as also State Medical Counsel has filed response which will be considered by the Court on next date of hearing.
Medical Council of India and others have yet to respond the PIL as such Court granted week’s time for the same. “Other respondents shall file requisite response within one week with an advance copy to counsel for the petitioner”, division bench of Justice Mohammad Yaqoob Mir and Justice D S Thakur directed.
Court also directed State counsel M I Dar to provide the copy of response, which he has already filed to amicus Advocate Altaf Haqani and directed the matter be listed for consideration in the week following next.
Commissioner/Secretary to Health & Medical Education department was earlier directed to appear in person before the court in case response to the matter is not filed. Court was hearing suomoto cognizance with regard a news report carried in the local daily news paper about the medical corruption.
State Government has already stated before the court that the Government has taken steps to deal with the issue (menace of medical corruption) and had submitted that the same shall be put before the court by way of response.
Suo-moto cognizance has been taken by the court following report of news papers about the news report under caption “Medical Corruption” in which the corruption has been highlighted by one G S Grewal in his open letter to the Prime Minister of India as exorbitantly priced drugs, cuts and commission to referring doctors and referring patients for diagnostic tests and medical examination without the actual need.
He while writing to PM of the country has observed that there is urgent need to purge the health care system to make it affordable and urged for legislating a strong law with its strict implementation which alone can act as strong deterrent against the ‘medical corruption, cheating and fraud.
In his letter to PM which was carried thereafter by the newspaper, he further stated that in absence of a strong law, desperate and helpless patients will continue to get exploit, fleeced and even stripped of their possessions, earnings and savings.
“Based on the letter of Garewal further that in India every year three crore people are believed to ‘slip below poverty line’, after spending their savings and earnings on selling off their assets for medical treatment which may or may not cure them of their diseases and ailments”, read the report.
Court after going through the news report observed that this court as a responsible Constitutional authority and to uphold and preserve the Constitutional rights of a sizeable section of population embedded in particular in Article 21 of the Constitution of India cannot shut its eyes and abdicate the constitutional duty but has to stand up to safeguard the legal and Constitutional rights of large section of population most of whom cannot afford to approach this court.
It is also highlighted that there is ‘massive difference’ in the actual price of medicines and the MRP mentioned in the packet of drugs the difference is as much as 500% and at times even more. Regulating of the drug price has been emphasized.
It has also been highlighted that sometimes referring doctors or a group is paid as much as 50% cut of medical treatment charges of the patient.
“In view of above referred circumstances, the medical treatment has become very expensive rather unaffordable for majority of population across the country”, court in its suomoto cognizance mentioned.
Court further added that for all the period, from which the write-ups have appeared in the news papers no action has been taken to redress the legal and Constitutional grievances of a large section of population which has constrained the court to initiate action.