In The Supreme Court Today (March 7th), a bench led by Chief Justice D Y Chandrachud requested the Centre’s response on Thursday regarding a PIL seeking direction to authorities for the inclusion of palliative care in the national health programme to support terminally-ill individuals.
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NEW DELHI: The Supreme Court of India has directed the Central Government to elucidate its position on incorporating palliative care into the national health program. This directive came in response to a public interest litigation (PIL) that emphasizes the necessity of palliative care for terminally-ill patients as a fundamental aspect of healthcare.
The bench, led by Chief Justice D Y Chandrachud and including justices J B Pardiwala and Manoj Misra, acknowledged the arguments presented by senior advocate Jayna Kothari. Kothari, representing the petitioner Bengaluru resident Rajshree Nagaraju, argued for the recognition and integration of palliative care into the national health framework.
However, the Supreme Court expressed reservations about one specific request within the PIL. The petitioner had sought a declaration that the right to receive palliative care should be recognized as part of the right to health under Article 21 of the Constitution, which safeguards life and personal liberty.
Addressing this, Chief Justice Chandrachud remarked,
“You seek mandamus stating palliative care comes under Article 21. I do not think that you need to pursue this prayer. The right to palliative care is part of the right to health and life…. Article 21 covers all aspects of human existence.”
Despite this, the court acknowledged the legitimacy of the plea and has given the Centre eight weeks to respond. The Supreme Court has requested a comprehensive reply detailing the current policies on palliative care within the country, signaling a move towards a more inclusive approach to healthcare.
Advocate Kothari highlighted a concerning statistic during the proceedings, noting that currently, only one to two percent of patients in India receive palliative care. This figure underscores the urgent need for systemic changes to ensure that individuals suffering from severe, life-limiting conditions can access the specialized medical care they require.
The PIL has broad implications, as it involves the Union Ministry of Health and Family Welfare along with all states and Union territories, aiming for a nationwide overhaul in the approach to palliative care. Palliative care is defined as specialized medical care designed for individuals with serious illnesses, focusing on providing relief from symptoms, pain, and stress, with the goal of improving the quality of life for both the patient and their family.
This legal development is a crucial step towards recognizing palliative care as an integral part of healthcare, reflecting a growing awareness of the importance of compassionate care for the terminally ill. As the Supreme Court awaits the Centre’s response, the healthcare community and advocates for palliative care are hopeful that this will lead to significant improvements in the availability and quality of care for those in the final stages of life.
The case highlights the evolving understanding of health rights in India and the judiciary’s role in shaping policies that affect the well-being of its citizens. As the nation awaits the Centre’s comprehensive policy outline, the spotlight is on the potential for significant advancements in palliative care services, ensuring that the right to health and life, as enshrined in Article 21, is upheld in its fullest sense.
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