Supreme Court orders COVID-19 tests free of cost by both private labs and Government

A Supreme Court Bench comprising Justices Ashok Bhan and S Ravindra Bhat on Wednesday directed that

1. Tests related to COVID-19 will be conducted free of cost in both private labs and in Government labs; the Government was directed to issue a notification to this effect immediately.
2. The tests should be carried out in labs approved by NABL and which meet the specifications laid down by WHO and Indian Council of Medical Research.
3. The question of private labs being reimbursed by the Government will be taken up by the court later.

The Bench was responding to a PIL filed by Shashank Deo Sudhi, who had challenged the Government decision to fix Rs 4,500 as fee for the test in private labs.

The interim order said that there was substance in the petitioner’s claim that in this time of national calamity, a large section of the population may not be able to afford the cost of the test.

No person should be deprived of tests for inability to pay for the confirmatory test, observed the court.

The same Bench also passed directions to the Centre and the states to provide Personal Protective Equipment (PPE) to medical professionals. The direction also included extending police protection to medical and healthcare staff.

Not everyone was happy though most have welcomed it. Securities lawyer Sandeep Parekh called it the “ worst decision of the Supreme Court” and tweeted, “ it's clearly interference in the executive arm of govt. Plus, wud the judges donate 80% of their wealth, bank balance, assets & 10 years worth of income please. Y shud commoner pay extra GST for such tuglaqi farmaan. Those who want private tests shud pay for it. Non-sense.”

While others hailed the order, a few were skeptical, pointing out that implementation was the key.