SUBMISSIONS ON BEHALF OF AIIMS
26.
Respondent No.3-AIIMS confirmed that the petitioner is suffering
from Gaucher disease and that it was conducting a humanitarian program
wherein sixteen patients were under treatment for Gaucher's disease. Of
these, treatment of five patients is being funded by the guardian's employers
and the remaining patients are part of a Gaucher's treatment program
conducted by two pharmaceutical companies Shire and Genzyme. AIIMS
stated that it had no fund for treatment of any of these patients. In fact, it
stated that it did not have adequate budget to manage its day-to-day
functioning, leave alone fund the petitioner's treatment.
SUMMARY OF RESPONDENTS’ SUBMISSIONS
27.
In a nutshell the State Government, the Union of India and AIIMS
stated that in view of their restricted resources they were not able to fund
the treatment of the petitioner as it was lifelong and his condition was
chronic.
SUBMISSIONS OF AMICUS CURIAE
28.
Ms. Shyel Trehan, learned Amicus Curiae submitted that Courts have
taken different views with regard to the issue of limitation of resources in
providing health care at the expense of the State. She pointed out that in the
case of Paschim Bangal Khet Mazdoor Samity and Others Vs. State of
W.B. and Another, (1996) 4 SCC 37,while addressing the argument with
regard to lack of resources put forth by the State, the Supreme Court had
held that it was the constitutional obligation of the State to provide adequate
medical services to the people.
W.P.(C) 7279/2013
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