In an order having far reaching effect, the Delhi High Court on Thursday directed Institute of Liver and Biliary Sciences (ILBS) to immediately provide free treatment to the 10-year-old boy, who urgently requires liver transplant.
The boy belongs to Economically Weaker Section (EWS) and his family could not afford the cost of transplantation.
The order came after the patient’s father filed a petition challenging the Employees’ State Insurance Corporation (ESIC) guidelines which restricted the corporation to provide full cost for the treatment.
The patient’s father, earns Rs 7,000 per month and the cost of the surgery was estimated to be over
Rs 14 lakh.
As per the ESIC’s new guidelines of July 2014, it has limited its liability to Rs 10 lakh per beneficiary per year for medical treatment.
“ESIC’s guidelines of not bearing full liability for treatment of the petitioner’s son are arbitrary, irrational and illegal,” said Ashok Agarwal, lawyer of the petitioner.
He further said, “Irrespective of the obligation of the ESIC to bear the cost of the treatment, ILBS being an autonomous body under the government of Delhi has an independent constitutional obligation to provide free medical treatment to the poor patient in order to save his life.”
After hearing the matter, the court directed the ESIC to consider the case of the petitioner and grant initial expenditure for transplant by the next date of hearing.
It also issued notices to ESIC, Delhi government, central government and ILBS to explain as to why the poor patient was denied free treatment.
The boy belongs to Economically Weaker Section (EWS) and his family could not afford the cost of transplantation.
The order came after the patient’s father filed a petition challenging the Employees’ State Insurance Corporation (ESIC) guidelines which restricted the corporation to provide full cost for the treatment.
The patient’s father, earns Rs 7,000 per month and the cost of the surgery was estimated to be over
Rs 14 lakh.
As per the ESIC’s new guidelines of July 2014, it has limited its liability to Rs 10 lakh per beneficiary per year for medical treatment.
“ESIC’s guidelines of not bearing full liability for treatment of the petitioner’s son are arbitrary, irrational and illegal,” said Ashok Agarwal, lawyer of the petitioner.
He further said, “Irrespective of the obligation of the ESIC to bear the cost of the treatment, ILBS being an autonomous body under the government of Delhi has an independent constitutional obligation to provide free medical treatment to the poor patient in order to save his life.”
After hearing the matter, the court directed the ESIC to consider the case of the petitioner and grant initial expenditure for transplant by the next date of hearing.
It also issued notices to ESIC, Delhi government, central government and ILBS to explain as to why the poor patient was denied free treatment.