NEW DELHI: Coming to the rescue of a bed-ridden senior citizen battling a rare disease, Delhi High Court on Monday waived the ban on the use of an ultrasound machine at home, allowing a hospital to transport the same to the patient’s residence. The court stepped in after it realised that a strictly technical view of the ban in PNDT Act will turn out to be fatal for the 70-year-old patient, Deepak, who needs the machine to undergo a complicated medical procedure, but can’t travel. “In the opinion of the court, the legal provisions cited cannot be interpreted in such a manner so as to deprive the petitioner of a treatment that is urgently required as per the advice of the doctors concerned. Any delay or failure would impede his treatment and may cause deterioration of his health,” Justice Sanjeev Narula observed. “The purpose of enacting the PNDT Act was to prevent the misuse of ultrasound machines for sex determination; however, in extraordinary circumstances, the courts can always make an exception… The court prima facie finds that the petitioner’s right to life guaranteed by the Constitution of India would be violated if the provisions of the PNDT Act are interpreted in a manner that prevents him from accessing essential medical equipment,” he added. The court underlined that in a medical emergency case, where a patient was genuinely not in a position to go to a location where the machine was available, and where a procedure had been prescribed for a patient in domiciliary care, “the provisions of the PNDT Act” and other rules “cannot come in his way”. Deepak, who suffers from progressive supranuclear palsy that attacks the brain and nerve cells, causing acute problems with balance, movement, vision and speech, had moved court seeking the home access to receive treatment that involves removing the infected peripherally inserted central catheter line. Fortis Vasant Kunj will administer the treatment, the cost of which will be borne by the patient. FOLLOW US ON SOCIAL MEDIAFacebookTwitterInstagramKOO APPYOUTUBE
Source: https://timesofindia.indiatimes.com/city/delhi/ban-cant-deprive-a-patient-of-essential-treatment-says-hc/articleshow/93439799.cms
