Fayaz Bukhari
SRINAGAR, July 25: The High Court today sought an affidavit from the Health and Medical Education Department indicating whether any complaint has been received against doctors for overcharging their patients and has any action been taken against them.
Hearing a suo-moto cognizance taken by the Court on media reports about medical corruption in the State, the division bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed the Health and Medical Education Department that a proper affidavit needs to be filed in this regard pertaining to any complaint in respect of year 2016 & 2017 for whole State.
“The reference of doctors was with regard to all doctors not just for those working in Health department”, DB said while reiterating its earlier order and directed the State counsel to ensure that the directions passed earlier are complied with before next date of hearing.
The PIL 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.
Respondent department was supposed to provide information in shape of affidavit indicating therein the number of complaints received by it against those doctors who have been overcharging their patients and action in respect of these complaints.
Court also enquired from the State counsel with regard to wide publicity in news papers about the order dated 13.2.2017 issued by Ministry of Chemical & Fertilizers Department which relates to capping of the prices of stents and a circular was issued by National Pharmaceutical Authority (NPA) which indicated that all the hospitals are directed to abide by the order dated 13.2.17.
Court said although some publicity has been given to the circular but there is no evidence and directed the counsel to ensure that court direction passed in this connection on May 8 is complied with by giving the wide publicity in 10 daily news papers having large circulation in both divisions.
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, had 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 newspaper, he further stated that in absence of a strong law, desperate and helpless patients will continue to get exploited, 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 not afford to approach this court.
“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.
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