MANOJ M Vs. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY; PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT; KERALA SOCIAL SECURITY MISSION, REPRESENTED BY ITS EXECUTIVE DIRECTOR; KERALA MEDICAL SERVICES CORPORATION LTD UNION OF INDIA, REPRESENTED BY

JUDGEMENT

(1.) A serious issue as to the scope of right to life guaranteed under Article 21 of the Constitution arises for consideration in this matter.

(2.) The undisputed facts are the following:-

(3.) A statement has been filed in this matter on behalf of the State Government by its Principal Secretary to the Health and Family Welfare Department. It is brought on record by the State Government that out of 5,50,000 children born on an average in an year in the State, fifteen cases of Lysosomal Storage Disorder including Pompe are reported on an average; that the cost of their yearly treatment comes to approximately Rs.50,00,000/- per person; that the annual budgetary allocation for purchase of the essential drugs in the Government Hospitals is only Rs.300 crores; that if all the patients suffering from Lysosomal Storage Disorder are given treatment free of cost, in about eighteen years, half of the said allocation has to be earmarked for the treatment of such patients; that the Government is not in a position to increase the allocation of funds towards the purchase of the essential drugs in Government Hospitals and that therefore free treatment to patients suffering from Lysosomal Storage Disorder would affect the treatment of persons who are availing the services of the Government hospitals for their requirements. The stand of the Government as discernible from the statement is that the Government is not in a position, with the available resources, to provide free treatment to patients suffering from Lysosomal Storage Disorder. It is, however, recited in the statement that since the State does not have the resources to meet the treatment expenses of Lysosomal Storage Disorder patients, the State will certainly take efforts to cater to their needs by taking up the issue with non-Government and charitable organizations.