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Right To Health & Medical Care: Delhi High Court Directs AIIMS To Immediately Treat 4.5 Y/o Suffering From Life Threatening Rare Disease

Suhavi Arya
20 Jan 2022 7:34 AM GMT
Right To Health & Medical Care: Delhi High Court Directs AIIMS To Immediately Treat 4.5 Y/o Suffering From Life Threatening Rare Disease
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Granting relief to the parents of a 4.5 years old minor girl suffering from a life threatening rare disease, the Delhi High Court has directed AIIMS to immediately provide her proper treatment, while the issue of necessary funds will be dealt with at a later stage.The child's father claims to be a daily wager, stating to have no source of income since lockdown. He has approached the High...

Granting relief to the parents of a 4.5 years old minor girl suffering from a life threatening rare disease, the Delhi High Court has directed AIIMS to immediately provide her proper treatment, while the issue of necessary funds will be dealt with at a later stage.

The child's father claims to be a daily wager, stating to have no source of income since lockdown. He has approached the High Court through Advocates Ashok Agarwal & Kumar Utkarsh, alleging that the respondent-state authorities have failed in providing free of cost treatment to his child.

It is submitted that the child is suffering from the rare Gaucher disease, which is a genetic disorder where fat-laden Gaucher cells build up in areas like the spleen, liver and bone marrow and requires immediate and urgent continuous administration of costly Enzyme Replacement Therapy.

If not, treated every week, this disease can prove to be a fatal. The Enzyme Replacement Therapy can cost more than 50 Lacs which, the plea stated that her father is incapable of bearing the cost of.

"Denial of free of cost treatment to the petitioner would amount to violation of fundamental right of the said children to life as guaranteed to them by the under Articles 14, 21, 39(e), 41 and 43 of the Constitution of India." the plea stated.

Justice Kameswar Rao has granted interim relief to the party, directing AIIMS to immediately provide free of cost treatment, as the child is supposed to receive weekly treatment of Enzyme Replacement Therapy.

It was brought to the Court's notice that Justice Rekha Palli is already dealing with a bunch of similar cases and had recently issued directions for maintenance and utilization of a Rare Disease Fund, online crowdfunding platform.

Justice Palli had also passed a similar order in favour of a minor boy also suffering from a rare life threatening disease.

Accordingly, the matter has been listed on on 1 February 2022, when the bunch of petitions before Justice Palli is also likely to be heard,

Case Title: Insha (minor) v. Union of India & ors., WP (C ) 1182/2022

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