SIDDHARTH DALMIA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant Writ Petition, under Article 32 of the Constitution, has been filed purportedly in public interest. The petitioners seek to restrain private hospitals from compelling the patients to purchase medicines/devices/implants/consumables from the hospital pharmacies only, where they allegedly charge exorbitant rates, as compared to the notified market prices of those items.

(2.) The aforesaid relief has been sought in the backdrop of an unfortunate personal experience. The mother of petitioner No.1, who was the wife of petitioner No. 2, was diagnosed with breast cancer in July 2017. She underwent surgery, followed by six chemotherapies, 20 sessions of radio therapy, and 17 adjuvant chemotherapies. This course of treatment was continuing when the instant petition was filed in 2018. During the hearing, we were informed that, Smt. Neelam Dalmia, the patient recovered and fortunately, her condition has improved.

(3.) The petitioners claim to have realized during her treatment that there is an organized system adopted by the private hospitals, nursing homes, health care institutions, etc. to fleece patients by compelling them and their attendants to buy medicines only from the pharmacies run by such hospitals or with whom they have some form of collaboration. It is claimed that the medicines/treatments etc. are sold by these pharmacies at highly inflated artificial prices, as compared to the MRP notified by the Competent Authority.