Excelsior Correspondent
Srinagar, Jan 27: The State High court today sought personal appearance of Commissioner/ Secretary to Health and Medical Education department in case response to the suo moto cognizance taken on medical corruption in the State is not filed.
Division Bench of Justice Ali Mohammad Magrey and Justice Janak Raj Kotwal granted three weeks time for filing response with a rider that in case it has not been filed within the stipulated period then Commissioner/ Secretary to Health shall appear before the court on next date.
Court has taken suo moto cognizance with regard a news report carried in the local newspaper about the medical corruption. Counsel representing on behalf of the State Government today stated before the court that the Government has taken steps to deal with the issue and it shall be put before the court by way of response. Union counsel sought time for the response with a submission that he has assumed charge recently.
Suo moto cognizance has been taken by the Court following report of newspaper under caption “Medical Corruption” in which the corruption has been highlighted by one G S Grewal in his open letter to the Prime Minister 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 the PM 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 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 the court further said 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.
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 said while taking suo moto cognizance of the matter.
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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