Recently, vide order dated 15th
July, 2019 one of the public interest litigation (PIL) of Heart Care Foundation
of India (HCFI) has been disposed off by the Hon’ble Chief Justice of Delhi
High Court whereby Hon’ble Delhi High Court has requested the government to
consider and take appropriate action on the issues raised in the PIL being WP©
No. 2513/2019 “Court on its own Motion versus Union of India”.
The said PIL was by way of
representation filed by HCFI with Hon’ble High Court and then the same was duly
accepted by the Hon’ble High Court. The said PIL was mainly on the issues and
suggestions given by the Hon’ble High Court of Delhi vide judgment dated
17.04.2014 in the matter titled as “Mohd. Ahmed (minor) versus Union of
India & Others, Writ petition (Civil) No. 7279/2013 which are as
follows:
“SUGGESTIONS BY THE
COURT
81. This Court suggests that
both the Central and State Governments should consider the following
suggestions:
i.
All government hospitals could have a separate CSR/
Charitable entity/account wherein donations can be received. The
donations could be subject to an audit.
ii.
Each hospital could have a designated officer, to whom
applications for assistance can be made by patients in need. The decision to
whom financial assistance could be provided, be left to the Medical
Superintendent/CEO of the Hospital along with Head of the Departments.
Delhi could be adopted as the first model state.
iii.
The Ministries of Corporate Affairs and Finance could
consider providing extra credit (for instance increased credit) for donations
in certain sectors, such as health.
iv.
The Government could adopt a holistic approach to
facilitate donations, so that the tax regime supports the said efforts.
v.
All donations in cash and kind must be accounted for,
with complete transparency to ensure no misuse or misappropriation of
donations.
vi.
Government hospitals could put up list on the State
Department of Health website of the drugs, implants and devices they require
for EWS/BPL patients. This way people would donate as per the need of
each hospital. This could be revised on a monthly basis.
vii.
The State Government may put up a list of drugs, implants
and devices which are excluded from its budget for which donations would be
welcome.
viii.
Both the Central and State Governments could create a
revolving fund to take care of recurring expenditure of patients suffering from
chronic and rare diseases.
ix.
The Government could constitute a High Powered
Inter-disciplinary Committee to:
-
Develop and update a list of guiding principles/best practices in the area of
donations in healthcare.
-
Develop a policy for tackling rare diseases and promoting the development of
orphan drugs.
-
Evolve new and innovative methods for attracting spending in the area of
healthcare.
-
This Committee could have representatives from various State and Central
Government departments, private and government hospitals, non-governmental
organizations working in the area of healthcare, representatives of patients
rights groups, representatives of pharmaceutical and other companies in the
healthcare sector.”
Vide order dated 15th
July, 2019 the Hon’ble Chief Justice of Delhi High Court has held that
1. This
Court received a letter from Dr. K.K. Aggarwal, dated 14th November, 2018, and
the same has been treated as a writ petition.
2. Having
heard learned counsel for Respondent Nos.1 to 4 and also having heard learned
counsel for the petitioner, it appears that Dr. K.K. Aggarwal seeks directions
upon respondents that all government hospitals should have a separate
CSR/Charitable Entity/Account wherein donations can be received.
3. It
appears that in an earlier case i.e., W.P. (C) 7279/2013, this Court, vide its
judgment and order dated 17th April, 2014, made the following suggestions in
para 81 thereof as under: “SUGGESTIONS BY THE COURT 81. This Court suggests
that both the Central and State Governments should consider the following
suggestions:
i.
All government hospitals could have a separate CSR/
Charitable entity/account wherein donations can be received. The donations
could be subject to an audit.
ii.
Each hospital could have a designated officer, to whom
applications for assistance can be made by patients in need. The decision to
whom financial assistance could be provided, be left to the Medical
Superintendent/CEO of the Hospital along with Head of the Departments. Delhi
could be adopted as the first model state.
iii.
The Ministries of Corporate Affairs and Finance could
consider providing extra credit (for instance increased credit) for donations
in certain sectors, such as health.
iv.
The Government could adopt a holistic approach to
facilitate donations, so that the tax regime supports the said efforts.
v.
All donations, in cash and kind must be accounted for,
with complete transparency to ensure no misuse or misappropriation of
donations.
vi.
Government hospitals could put up list on the State
Department of Health website of the drugs, implants and devices they require
for EWS/BPL patients. This way people would donate as per the need of each
hospital. This could be revised on a monthly basis.
vii.
The State Government may put up a list of drugs, implants
and devices which are excluded from its budget for which donations would be
welcome.
viii.
Both the Central and State Governments could create a
revolving fund to take care of recurring expenditure of patients suffering from
chronic and rare diseases.
ix.
The Government could constitute a High Powered
Inter-disciplinary Committee to; - Develop and update a list of guiding
principles/best practices in the area of donations in healthcare. - Develop a
policy for tackling rare diseases and promoting the development of orphan
drugs. - Evolve new and innovative methods for attracting spending in the area
of healthcare. - This Committee could have representatives from various State
and Central Government departments, private and government hospitals,
non-governmental organizations working in the area of healthcare,
representatives of patients rights groups, representatives of pharmaceutical
and other companies in the healthcare sector.”
4. Thus,
it appears that suggestions have already been given by this Court to the
respondents for having a separate CSR/Charitable Entity/Account and also other
suggestions have been given.
5. We,
therefore, once again request the respondents to look into all these
suggestions given by this Court in W.P. (C) 7279/2013 vide its judgment and
order dated 17th April, 2014 and as far as possible the same will be
implemented by the respondents in accordance with rules/regulations and the
applicable policy to the facts of this case.”
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of
Medical Associations in Asia and Oceania
(CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of
India
Past National President
IMA
