NEED AND REASON BEHIND THE INTERRIM ORDER OF HON’BLE SUPREME COURT OF INDIA FOR PROVIDING FREE COVID-19 RELATED TESTS

The Hon’ble Supreme Court of India (hereinafter referred as “SC”) has all the powers under the constitution to check the validity, in the public interest, of the directions passed by the Executives, and accordingly, the same may not be treated as overstepping into the role of executives in any manner, whatsoever. The issue of reimbursement of expenses borne by private labs during these tests are still open in the matter and the SC will consider the same at later stage. It is correct that facilities provided by the public sector in Health, Educations etc. are also not free either as it costs the taxpayer a lot of money. However, most of persons who are availing these services are not paying the direct taxes, and not paying the indirect taxed in equal proportion as compare to others. This is a basic rational behind the taxation system, wherein government should collect the taxes from those who have the ability to pay the same, and government should spend the same, inter alia, in such a manner so that all the citizens of the country, irrespective of their tax contribution, will get at least the basic things required to live their life with dignity. In India, Hospital and Schools are not allowed to operate as profit making companies or entities, and they operate as non-profitable organisations carrying charitable activities. Accordingly, they get various relaxations from the government including subsidized land to start their operations and relaxation in various taxation requirements while carrying out their activities. In such a manner, they have all their obligation and duties to support the government, in all possible manner, at least during the present extraordinary pandemic situation of corona virus. Though this is a primary responsibility of government to provide medical aid to its citizens, and in this manner, the government, if possible, should reimburse expenses of private lab incurred while carrying these covid relates tests. Needless to say, private participants are equally important in all these sectors, as we cannot expect the government to fully, in satisfactory manner, provide all these services. Further, we can’t ignore the tremendous work done by these private players in the past in their respective different sectors. In any case, the SC will consider the same while passing the final order or ruling in the matter. In the present situation, wherein people, mostly, are hiding their symptoms of coronavirus from authorities and they seems to be not interested in undergoing, voluntary, any covid testing, it is not expected that they will come for testing by paying any amount. Further, they may have excuse of not having sufficient money for not undergoing the covid test. This test is different from other tests which are having treatment. In the present case, the main reason of testing is to isolate them from others to contain the spread of covid.  This is a situation, wherein everyone should come forward to work for humanity as per their expertise and resources. Accordingly, Private Labs should themselves come forward for providing free tests. Otherwise, the Govt. should pass an order directing all the private sector hospitals to provide the facility of these tests with the warning of cancellation of their license in case of non-compliance. Needless to say, in case authorities will fail to do their duty, it will become necessary, for court, to interfere in the PUBLIC INTEREST.