21.
Ms. Zubeda Begum stated that for patient suffering from genetic
disorders like Lysosomal Storage Disorders (Gaucher's disease etc.) the
drugs for bypass Enzyme Replacement Therapy (ERT) was not covered
even under the public health care system in the USA. She stated that similar
patients in the United States were supported by health insurance and other
philanthropic organization like donations from Corporates, Institutions,
Charities, etc.
22.
Ms. Zubeda Begum submitted that the right to health in a developing
country like India could not be so stretched so as to mean to provide free
health facilities to a terminally ill patient while other citizens were not even
provided basic health care. She stated that the State had an equal obligation
towards all citizens and it had to use its limited resources so as to provide
the maximum benefit to the maximum number of people.
She further
submitted that the obligation of the State to provide health care to all people
was not an absolute Fundamental Right and was subject to just exceptions.
She submitted that the Supreme Court in subsequent judgments in State of
Punjab & Ors. vs. Ram Lubhaya Bagga, (1998) 4 SCC 117 and
Confederation of Ex servicemen Associations and Ors. vs. Union of India
& Ors., AIR 2006 SC 2945, had diluted the right to health. The relevant
portions of the aforesaid judgments relied upon by her are reproduced
hereinbelow:(a)
State of Punjab & Ors. vs. Ram Lubhaya Bagga (supra)
"25. ............Question is whether the new policy which is
restricted by the financial constraints of the State to the rates
in AIIMS would be in violation of Article 21 of the Constitution
of India. So far as questioning the validity of governmental
W.P.(C) 7279/2013
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