Supreme Court orders free COVID-19 related testing in government and private labs

In a big development on Wednesday, a Supreme Court bench comprising Justices Ashok Bhushan and S Ravindra Bhat ruled in an interim order that the testing relating to COVID-19 whether in approved government or private labs shall be free of cost. This ruling came on a writ petition filed by lawyer Shashank Deo Sudhi. Moreover, the bench also directed that COVID-19 related tests should be carried out only in NABL accredited laboratories or any agencies approved by the WHO or ICMR. Meanwhile, the Centre has been given two week's time to file an affidavit in reply. 

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SC finds prima facie substance in petitioner's argument

Sudhi's petition sought a direction to the Centre for ensuring free of cost testing facility of COVID-19. He also challenged the ICMR advisory dated March 17, 2020, which capped the price of screening and confirmation test at Rs.4,500. The SC noted that the number of patients and death toll in India was rising despite measures taken by the Centre and the state governments.

According to the bench, there was a prima facie substance in the petitioner's argument that a large part of the population would not be able to afford the COVID-19 test in a private lab. The order added that private labs had a crucial role to play by extending philanthropic services at such a juncture. Furthermore, the apex court clarified that it would consider whether private labs are entitled to reimbursement of expenses incurred at a later stage. 

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ICMR guidelines

On March 21, the Centre notified the guidelines laid down by the ICMR for COVID-19 testing in private laboratories in the country. It has been stressed that private labs can charge only Rs.1,500 for the screening of suspect cases and Rs.3000 for the confirmation test. At the same time, the ICMR encouraged private labs to go for free or subsidized testing in the current hour of crisis. Currently, there are 5,274 confirmed novel coronavirus cases in India out of which 411 people have recovered while 149 individuals have lost their lives. 

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