Should Delhi Hospitals Be Reserved For Delhiites Only

Table of Contents

This policy will not apply to hospitals run by the central government—such as the All India Institute of Medical Sciences (AIIMS), Ram Manohar Lohia(RML)
Hospital, and Safdarjung Hospital etc.
—CM said in a webcast.
The reservation of beds for Delhi residents will come into effect as the borders of Delhi are unsealedon Monday.
This policy will apply to all illnesses, not just the novelcoronavirusdisease.
Documentsthat will be treated as valid proof of residence include-
The patient’s voter ID, bank/kisan/post office current passbook, ration card, passport, driving licence, Income-Tax return filedor assessment order, latest water, power, gas, telephone billsfor that address either in the name of the patient or that of his/her immediate relation “like parents etc”, and the postal department’s post received in the patient’s name at the given address.

JUSTIFICATION

“At any given time, nearly 60-70% of the patients in Delhi hospitals are from other states and we never deny treatment to any person.
But right now, the cases are increasing in Delhi and the Delhi government is working relentlessly to arrange more beds for people of the city.
If we get more cases in such a situation, where will we accommodatethe patients of Delhi?”
The chief minister said.

Delhi Lieutenant Governor (L-G) Anil Baijal, as the chairman of Delhi Disaster Management Authority, on Monday overruled Arvind Kejriwal government’s decision.
Baijalimpressed upon the state government that the Supreme Court has heldin several judgments that right to health is an integral part of right to life.
Earlier today, defending the government’s decision, state health minister SatyendarJain said,
“Delhi and Mumbai are big metros which are facing a heavy brunt of the virus.
A lot of foreigners come here, and had flights been closed earlier, the infection would not have spread that much.
But given the situation now, when for the past several days, over 1000 cases are being reported every day, the situation is that Delhi people would need more space in hospitals.”

The decision was bound to have faced tough legal scrutiny.
Two Delhi university students, originally from Uttar Pradesh and Bihar, have approached the Delhi High Court challenging the decision,
Claiming the order violates Articles 14, 15 and Article 19(1)(e) of the Constitution.
Article 14 and 15 ensures equality and prohibits discriminationon grounds of religion, race, caste, sex or place of birth.
While Article 19(1)(e) allows an Indian to reside and settle in any part of the territory of India.
The petitioners also argue that the order infracts upon their right to health under Article 21.

When Karnataka closed its borders with Kerala at Kasaragod due to a spurt in Covid-19 cases,
It ended up blocking hospital access in Mangaluruto patients from Kerala.
It took the death of a couple of patients due to denial of entry, a Kerala high courtjudgment and finally the Supreme Court’s and the Centre’s intervention to restore the access to hospitals for patients across the border.