Kathmandu, Mar 31
The Supreme Court on Tuesday issued an interim order to the
private hospitals to make arrangements for the treatment of the coronavirus patients.
“Private hospitals have no right to refuse the treatment of
coronavirus-infected patients. They must not return the patients seeking
treatment from the hospitals,” read the order.
A single bench of Justice Manoj Kumar Sharma issued the
mandamus stating that the private health facilities could not evade the
treatment of coronavirus infection. The court has also ordered the private
hospitals to provide Personal Protection Equipment (PPE) and other required
materials to the doctors and health workers.
“The private hospitals should provide PPE to the doctors,
nurses, ambulance drivers, sanitation workers, pharmacists, and suppliers of
goods for daily use as per the requirement of the nature of their jobs,” read
the interim order.
The court has asked the hospitals to arrange for facilities
such as beds, ICU rooms, ventilators and other equipment available in the
institutions for the treatment of the new health risk.
Hearing on the writ filed by lawyers duo Pushpa Raj Poudel
and Saroj Krishna Ghimire demanding a mandamus to the government to formulate a
special bill to address the current crisis and to private hospitals to provide
treatment to the COVID-19 patients, the court decided to summon the government
on coming Sunday, April 5, to discuss the possibility of bringing an ordinance
to adopt policy or legal provisions during the crisis like the novel
coronavirus.
It has asked the government to come with a written statement
on the matter.
It has also decided for an integrated hearing of all the
writs related to the coronavirus. Three writs related to the virus are
registered at the Supreme Court – other two include the entry of Nepali citizens
to Nepal and guarantee of food security.
Hearing the writ on food security, the court has said that since
the government had already decided about the food provision to the daily wage
earners and other workers, there was no need to issue any order on the case.
The court has drawn the attention to the constitutional
provision of basic health facilities to the citizens and no one shall be devoid
of the emergency health services, and right to life is paramount to all other
rights.
It has also reminded that every citizen must offer their
service whenever the State so requires.
Private hospitals across the country are refusing to treat
not only the patients with the suspicion of coronavirus infection but also
other normal diseases like seasonal flu, fever and stomach ache.
Private health institutions enjoy the facilities and
incentives in the form of discount or waiver of the customs duty, excise duty
and tax cuts. It has been reported that the private hospitals imported health
materials and equipment worth Rs. 11.7 billion last year and enjoyed Rs. 1.81
billion discount in customs duty.
Published in The Rising Nepal daily on 1 April 2020.
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