Satya Prakash
Tribune News Service
New Delhi, April 8
As the number of COVID-19 cases keep rising despite a nationwide lockdown to prevent its spread, the Supreme Court on Wednesday ordered the Centre to ensure that all tests were conducted free of cost by both government and private laboratories.
A Bench of Justice Ashok Bhushan and Justice S Ravindra Bhat ordered the government to issue necessary directions in this regard immediately.
“The tests relating to COVID-19 whether in approved government laboratories or approved private laboratories shall be free of cost,” it said.
“The question as to whether the private laboratories carrying free of cost COVID-19 tests are entitled for any reimbursement of expenses incurred shall be considered later on,” the Bench said while asking the government to respond to a PIL on the issue in two weeks.
“Tests relating to COVID-19 must be carried out in NABL (National Accreditation Board for Testing and Calibration Laboratories) accredited labs or any agencies approved by WHO or ICMR (Indian Council of Medical Research),” the Bench said.
The order came on a PIL filed by advocate Shashank Deo Sudhi seeking a direction to the Centre to provide free of cost testing facility of COVID-19 (coronavirus) by all testing labs whether private or government.
He has challenged the March 17 ICMR advisory that fixed Rs 4500 for screening and confirming COVID-19.
Sudhi also sought a direction that all the tests relating to COVID-19 must be carried out under NABL accredited labs or any agencies approved by WHO or ICMR.
“We find prima facie substance in the submission of petitioner that at this time of national calamity permitting private labs to charge Rs 4500 for screening and confirmation test of COVID-19 may not be within means of a large part of population of this country and no person be deprived to undergo the COVID-19 test due to non-payment of capped amount of Rs 4500."
The government laboratories are conducting COVID-19 tests free of cost.
Noting that private hospitals, including laboratories, have an important role to play in containing the scale of pandemic by extending philanthropic services in the hour of national crisis, the top court said, “We thus are satisfied that the petitioner has made out a case for issuing a direction to the respondents to issue necessary direction to accredited private labs to conduct free of cost COVID-19 test.”
The Bench made it clear that tests relating to COVID-19 must be carried out in NABL accredited labs or any agencies approved by ICMR which has notified details of operative Government Laboratories and Private Laboratories for this purpose.
The Bench took note of the fact that even before the COVID-19 was declared a pandemic by WHO on March 11, it had spread in several countries and as of now, more than 200 countries are suffering from this pandemic.
“The number of patients suffering from COVID-19 israpidly increasing worldwide with death toll rising rapidly. In our country, in spite of various measures taken by the Government of India and different State Government / Union Territory the number of patients and death caused by it is increasing day by day. Our country has a very large population,” the Bench said.
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