HC Seeks Delhi Govt's Stand on PIL to Implement Centre-backed Health Scheme

New Delhi: The Delhi High Court on Thursday sought the stand of the AAP government on a plea by BJP MPs from the national capital seeking implementation of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).

A bench of Chief Justice Manmohan and Justice Manmeet PS Arora issued notice to the Delhi government, the Centre and the Lieutenant Governor on the PIL filed by the legislators.

"Issue notice. Counsel for the respondents prays for and is granted time to file reply on affidavits," the bench said.

The court directed the next hearing on December 11 along with its suo-motu plea concerning the state of critical care in Delhi's government hospitals.

The petitioners -- Harsh Malhotra, Ramvir Singh Bidhuri, Praveen Khandelwal, Yogendra Chandolia, Manoj Tiwari, Kamaljeet Sehrawat and Bansuri Swaraj-- have argued that citizens in the capital were facing a serious issue of high out-of-pocket health and medical expenses and even resorted to borrowing or selling assets during a medical emergency.

The petitioners said Delhi was the only union territory where the healthcare scheme for the underprivileged was yet to be implemented, therefore, depriving them of essential health coverage of Rs 5 lakh.

On November 27, the high court expressed shock over the Delhi government reportedly not accepting the financial aid through the Centre-funded health scheme when there was "no money" with it for its healthcare system.

It said the central scheme was just an aid being given to a particular segment of citizens and steps must be taken to iron out the differences within the Delhi administration.

Swaraj represented the petitioners, who said "clash of political ideologies must take a back seat" in the interest of welfare of the residents of Delhi and sought a direction to the Delhi government and its health department to implement the scheme.

"Of 36 states/UTs, 33 have implemented the scheme and at present the government of Odisha is actively considering the implementation of the scheme. However, the scheme has not been implemented in NCT of Delhi uniquely and arbitrarily depriving the target beneficiaries of the easy and efficient access to a promised cover of Rs 5 lakh which would protect them from the catastrophic expenditure in secondary and tertiary care hospitalisation across a vast network of empanelled public and private hospitals," the petition claimed.

The petitioners claimed former Delhi finance minister Manish Sisodia in his budget speech for FY 2020-2021, made a "categorical commitment" with respect to the implementation of the scheme but the promise was "arbitrarily and unreasonably" rendered ineffective.

The plea alleged a "power struggle" between the Delhi and Central governments highlighting the former's "failure" in its fundamental responsibility to ensure improved public health infrastructure, including hospitals and dispensaries, for the citizens. 

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