Why can’t Asymptomatic Patients avail of COVID Test, Court asks Govt

Dr KK Aggarwal files PIL against Kejriwal Govt’s such Order

New Delhi: The Hon’ble Chief Justice of Delhi High Court and HMJ Prateek Jalan has issued a notice in the PIL filed by Dr. KK Aggarwal, Padma Shree Awardee and President of Heart Care Foundation of India (HCFI) against the Delhi Government’s order DHC of not allowing COVID Test of Asymptomatic Patient or Pre-symptomatic patient in Delhi. Dr Aggarwal has dubbed this order of the govt ultra vires.

Delhi Government has been asked to give its report before next date of hearing i.e. 22nd June 2020.

One more similar matter filed by Ms. Renu Goswami against the said Delhi Government was also taken up in which Mr. Siddharth Luthra, Senior Advocate appeared and argued with Dr. KK Aggarwal.

Dr KK Aggarwal, argued before the Hon’ble Court stating that mostly asymptomatic cases and pre-symptomatic cases and mild/very mild symptoms cases will increase exponentially. As per the study on COVID-19 between 5% and 80 & of people testing positive for COVID-19 may be asymptomatic.

By not allowing the asymptomatic patients and pre-symptomatic patients to undertake COVID-19 testing, it means the asymptomatic patient and pre-symptomatic patients will not get proper treatment and soon all asymptomatic patients and pre-symptomatic patients will become symptomatic patients.

As “silent spreaders”, asymptomatic carriers warrant attention as part of disease prevention and control. The testing and follow-up of asymptomatic carriers should be expanded to include people in close contact with patients with confirmed COVID-19 and asymptomatic cases, clusters of outbreaks, and key areas and populations with a high risk of infection.

The 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. 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.

To prevent the spread of disease is the obligation or duty of the State under Article 47 of the Constitution of India. The disease being asymptomatic also, the timely care attains significance and in such a situation to wait for the symptoms of the disease to be manifested, would amount to a failure to discharge the constitutional obligation under Article 47 of the Constitution of India.

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