Recently, vide order dated 15^th July, 2019 one of the public interest litigation (PIL) of Heart Care Foundation of India (HCFI) has been disposed off by the Hon’ble Chief Justice of Delhi High Court whereby Hon’ble Delhi High Court has requested the government to consider and take appropriate action on the issues raised in the PIL being WP© No. 2513/2019 “Court on its own Motion versus Union of India”.

The said PIL was by way of representation filed by HCFI with Hon’ble High Court and then the same was duly accepted by the Hon’ble High Court. The said PIL was mainly on the issues and suggestions given by the Hon’ble High Court of Delhi vide judgment dated 17.04.2014 in the matter titled as “Mohd. Ahmed (minor) versus Union of India & Others, Writ petition (Civil) No. 7279/2013 which are as follows:

 “SUGGESTIONS BY THE COURT

81. This Court suggests that both the Central and State Governments should consider the following suggestions:

I. All government hospitals could have a separate CSR/ Charitable entity/account wherein donations can be received. The donations could be subject to an audit.

II. Each hospital could have a designated officer, to whom applications for assistance can be made by patients in need. The decision to whom financial assistance could be provided, be left to the Medical Superintendent/CEO of the Hospital along with Head of the Departments. Delhi could be adopted as the first model state.

III. The Ministries of Corporate Affairs and Finance could consider providing extra credit (for instance increased credit) for donations in certain sectors, such as health.

IV. The Government could adopt a holistic approach to facilitate donations, so that the tax regime supports the said efforts.

V. All donations in cash and kind must be accounted for, with complete transparency to ensure no misuse or misappropriation of donations.

VI. Government hospitals could put up list on the State Department of Health website of the drugs, implants and devices they require for EWS/BPL patients. This way people would donate as per the need of each hospital. This could be revised on a monthly basis.

VII. The State Government may put up a list of drugs, implants and devices which are excluded from its budget for which donations would be welcome.

VIII. Both the Central and State Governments could create a revolving fund to take care of recurring expenditure of patients suffering from chronic and rare diseases.

IX. The Government could constitute a High Powered Inter-disciplinary Committee to: - Develop and update a list of guiding principles/best practices in the area of donations in healthcare. - Develop a policy for tackling rare diseases and promoting the development of orphan drugs. - Evolve new and innovative methods for attracting spending in the area of healthcare. - This Committee could have representatives from various State and Central Government departments, private and government hospitals, non-governmental organizations working in the area of healthcare, representatives of patients rights groups, representatives of pharmaceutical and other companies in the healthcare sector.”

Vide order dated 15th July, 2019 the Hon’ble Chief Justice of Delhi High Court has held that

1. This Court received a letter from Dr. K.K. Aggarwal, dated 14th November, 2018, and the same has been treated as a writ petition.
2. Having heard learned counsel for Respondent Nos.1 to 4 and also having heard learned counsel for the petitioner, it appears that Dr. K.K. Aggarwal seeks directions upon respondents that all government hospitals should have a separate CSR/Charitable Entity/Account wherein donations can be received.
3.  It appears that in an earlier case i.e., W.P. (C) 7279/2013, this Court, vide its judgment and order dated 17th April, 2014, made the following suggestions in para 81 thereof as under: “SUGGESTIONS BY THE COURT 81. This Court suggests that both the Central and State Governments should consider the following suggestions:

i. All government hospitals could have a separate CSR/ Charitable entity/account wherein donations can be received. The donations could be subject to an audit.

ii. Each hospital could have a designated officer, to whom applications for assistance can be made by patients in need. The decision to whom financial assistance could be provided, be left to the Medical Superintendent/CEO of the Hospital along with Head of the Departments. Delhi could be adopted as the first model state.

iii. The Ministries of Corporate Affairs and Finance could consider providing extra credit (for instance increased credit) for donations in certain sectors, such as health.

iv. The Government could adopt a holistic approach to facilitate donations, so that the tax regime supports the said efforts.

v. All donations, in cash and kind must be accounted for, with complete transparency to ensure no misuse or misappropriation of donations.

vi. Government hospitals could put up list on the State Department of Health website of the drugs, implants and devices they require for EWS/BPL patients. This way people would donate as per the need of each hospital. This could be revised on a monthly basis.

vii. The State Government may put up a list of drugs, implants and devices which are excluded from its budget for which donations would be welcome.

viii. Both the Central and State Governments could create a revolving fund to take care of recurring expenditure of patients suffering from chronic and rare diseases.

ix. The Government could constitute a High Powered Inter-disciplinary Committee to; - Develop and update a list of guiding principles/best practices in the area of donations in healthcare. - Develop a policy for tackling rare diseases and promoting the development of orphan drugs. - Evolve new and innovative methods for attracting spending in the area of healthcare. - This Committee could have representatives from various State and Central Government departments, private and government hospitals, non-governmental organizations working in the area of healthcare, representatives of patients rights groups, representatives of pharmaceutical and other companies in the healthcare sector.”

4. Thus, it appears that suggestions have already been given by this Court to the respondents for having a separate CSR/Charitable Entity/Account and also other suggestions have been given.

5. We, therefore, once again request the respondents to look into all these suggestions given by this Court in W.P. (C) 7279/2013 vide its judgment and order dated 17th April, 2014 and as far as possible the same will be implemented by the respondents in accordance with rules/regulations and the applicable policy to the facts of this case.”

Dr KK Aggarwal

Padma Shri Awardee

President Elect Confederation of Medical Associations in Asia and Oceania   (CMAAO)

Group Editor-in-Chief IJCP Publications

President Heart Care Foundation of India

Past National President IMA