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'You Can't Ask For Everything Under The Sun' : Supreme Court Dismisses Plea For Implementation Of National Health Policy 2017

Mehal Jain

27 Sept 2021 12:17 PM IST

    • You Cant Ask For Everything Under The Sun : Supreme Court Dismisses Plea For Implementation Of National Health Policy 2017

    "The problem with these petitions is that if you seek for one prayer, we may deal with it. But you cannot ask for everything under the sun", Justice DY Chandrachud observed.

    The Supreme Court on Monday disposed of a writ petition praying for the implementation of the National Health Policy-2017 formulated by Union of India.The bench was inclined to allow the petitioner the liberty to withdraw the instant petition to draft a fresh one where the burden of satisfactory pleadings is duly discharged.The writ petition also simultaneously sought the implementation of...

    The Supreme Court on Monday disposed of a writ petition praying for the implementation of the National Health Policy-2017 formulated by Union of India.

    The bench was inclined to allow the petitioner the liberty to withdraw the instant petition to draft a fresh one where the burden of satisfactory pleadings is duly discharged.

    The writ petition also simultaneously sought the implementation of the directions passed by the court in Paschim Banga Khet Mazdoor Samity v. State of W.B. [(1996) 4 SCC 37], for provision of livelihood for the dependents of Covid19 victims/people who died due to lack of medical support, and finally, direction to the Insurance Authorities to process insurance claims and reimburse medical expenses to the policy-holders under Ayushman Bharath-PMJAY, Arogyasri, Jandhan Yojana, Rytu Bheema etc/ Covid19 patients for undergoing treatment in private hospitals and deaths due to Covid19.
    Justice D. Y. Chandrachud observed, "The problem with these petitions is that if you seek for one prayer, we may deal with it. But you cannot ask for everything under the sun".
    When the advocate for the petitioner submitted that given the shortfall of doctors and specialists, he was only pressing for the relief in respect of the implementation of the National Health Policy, the judge remarked, "You can't just annex a report and expect the Court to just take charge. You can't just say 'Implement the budget of 2021'! You have to specify the shortfall, you have to indicate how there has been a failure in compliance! You are not bereft of the burden of pleadings just because this is a PIL. You have to do your home-work and give the specifics, you have to gather data and indicate the critical area which requires focus, so that we know which state government or which authority to issue notice to! You have to bear the burden, you can't leave it on the court or the State! Don't move petitions otherwise if you don't want to take any burden! You cannot just give one example of one individual in Andhra Pradesh! Can we give directions on an all-India basis based on one example?"
    When the advocate for the petitioner advanced that it would be "difficult" to gather such specific data, Justice Chandrachud commented, "If it is difficult, then tell your client to rest in peace! Obviously, it is difficult! Why should it not be difficult? This is not some prisoner raising individual grievances, where we would intervene immediately even if it is on a post-card! But you are raising policy issues of nationwide application, so you must bear the burden!"
    Case Title: C. Anji Reddy v. Union of India & Ors.


    Tags
    Supreme CourtNational Health PolicyCOVID -19Medical InsuranceAyushman Bharat Scheme#Justice DY Chandrachud
    Mehal Jain

    Mehal Jain

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