Delhi High Court has disposed of a plea challenging the decision of the Delhi Government to not to test asymptomatic patients for COVID19 by noting that the recent order of the Lieutenant Governor of Delhi has already resolved the said issue.
While disposing of the petition, the Division Bench of Chief Justice DN Patel and Justice Prateek Jalan observed that it is expected from the Delhi Government that the order issued by the LG dated June 08 shall be complied with and followed scrupulously with regard to the tests to be carried out for the asymptomatic patients/persons.
On June 08, the LG of Delhi had passed an order clarifying that asymptomatic and presymptomatic patients will also be tested for COVID19 in both the government and private hospitals.
The order has come in multiple writ petitions that sought the setting aside of the Delhi Government's order which had restricted the testing of COVID19 infection for only symptomatic patients.
These writ petitions had argued that the said order of the Delhi Government is liable to be set aside as getting a medical test done is a fundamental right of every citizen.
Moreover, the petitions further argued, as COVID19 is a notified disease, it is mandatory for all citizens to get themselves tested for it whether the patient is symptomatic, asymptomatic or pre-symptomatic.
The Petitioners had submitted that if testing facilities are not extended to asymptomatic and pre-symptomatic patients then they will not get proper treatment and soon all asymptomatic and pre-symptomatic patients will become symptomatic patients.
The Petitions submitted:
'Right to health is a fundamental right of the citizens and it not simply the right not to be unwell, but rather the right to be well. the right to health includes healthcare which is accessible and available for the public at large. The Healthcare access is the ability to obtain healthcare services such as prevention, diagnosis, treatment and management of diseases, illness, disorders, and other health impacting conditions.'
While highlighting that the guidance document of the Ministry of Health and Family Welfare does ask for testing of asymptomatic patients as well, the Petitioners contended that if we wait for the symptoms of the disease to be manifested, would amount to failure to discharge the constitutional obligation under Article 47 of the Constitution of India.
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