Free COVID-19 testing only for EWS and Ayushmann Bharat beneficiaries, clarifies SC

The Supreme Court on Monday modified its April 8 order which had allowed for COVID testing to be free in all private labs across the country to the extent of making it applicable to persons belonging to economically weaker sections of the society and persons included under the Ayushmann Bharat scheme.

The division bench of Justice Ashok Bhushan and Justice Ravindra Bhat took up for hearing an intervention plea filed by a Delhi based doctor Dr. Kaushant Kant Mishra stating that making the COVID tests free throughout the country will disincentivize private players from entering the market and conducting tests on a larger scale. The plea stated that the cap of Rs. 4500 was put in place to include larger participation from the private entities in conducting COVID19 tests.

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Bench hears arguments

The bench heard arguments on behalf of the doctor as well as Solicitor General Tushar Mehta who was representing the Centre before the top court.

The Solicitor General told the bench that in light of the current outbreak, the resources with the government were limited and that free testing for everybody was not possible. In addition to this, the 139 government labs set up across the country were accessible to each and every citizen irrespective of their economic or financial status.

The plea before the Supreme Court also stressed upon the issues regarding reimbursement from the government to the private labs. In absence of immediate reimbursement, the country runs a huge risk of private labs stopping the tests altogether which will pose as a direct health risk to the citizens, says the plea.

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The Supreme Court accepted the arguments made by the government and the petitioner and categorised the free tests as applicable only to the weaker sections of the society and the beneficiaries under the Ayushmann Bharat scheme.

The Supreme Court had earlier on April 8 directed the government to issue immediate directions to make COVID testing free in all government labs and approved private labs throughout the country. The Court had further stated that such tests only be conducted in labs accredited by the National Accreditation Board for Testing and Calibration (NABL) and approved by the World Health Organisation (WHO) or the Indian Council of Medical Research (ICMR). The earlier order had said that no person should be deprived of taking the tests due to the issue of affordability.

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