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

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.

Related Posts

‘Import of Refurbished Medical Devices’ Lobby has reared its Ugly Head

Domestic Medical Device Leaders cry foul against move to do away with Policy Restrictions New Delhi:  The union government mandarins seem to be at it again, diametrically opposed to Prime…

Indigenous Robotic Surgery is Mantra for Accessible Cancer Care in India

Best in Class ‘Made in India’ Surgical Robot is proving Best Bet New Delhi: ‘Made in India’ best in class surgical robot SSiMantra is proving godsend for cancer patients in…

Leave a Reply

Your email address will not be published. Required fields are marked *

You Missed

DCGI Cracks Down On 90 Unapproved Fixed-Dose Combinations: Cough Syrups, Vitamins, Diabetes Drugs Among Those Flagged For Sale Without Central Approval

DCGI Cracks Down On 90 Unapproved Fixed-Dose Combinations: Cough Syrups, Vitamins, Diabetes Drugs Among Those Flagged For Sale Without Central Approval

India’s drug body flags 90 unapproved FDC medicines, states told to take action

India’s drug body flags 90 unapproved FDC medicines, states told to take action

India advancing as a global hub of affordable, quality healthcare solutions: Dr Jitendra Singh

India advancing as a global hub of affordable, quality healthcare solutions: Dr Jitendra Singh

Unapproved drops for dry eyes pose risks: Govt

Unapproved drops for dry eyes pose risks: Govt

Semaglutide Patent Expires: Will Diabetes, Weight-Loss Treatment Become More Accessible For Patients?

Semaglutide Patent Expires: Will Diabetes, Weight-Loss Treatment Become More Accessible For Patients?

Inaugural Conference of ‘Critical Nephrology Society of India’ (CNSI) puts Best Foot Forward

Inaugural Conference of ‘Critical Nephrology Society of India’ (CNSI) puts Best Foot Forward