In a landmark decision, the Central Information Commission, on August 20, directed the Directorate of Health Services, Delhi, to pay a compensation of Rs. 50,000 to a poor patient who could not get a bed under the Economically Weaker Section (EWS) category. All private hospitals availing themselves of concessional land allotments have mandatorily to keep aside 10 per cent of their beds for poor patients.
The decision to award such a large sum as compensation was given by Central Information Commissioner Shailesh Gandhi on a complaint from Pooran Chand, a BPL card holder with a life-threatening spinal disease. Mr. Chand, who required immediate spinal surgery, went to the India Spinal Injury Centre (ISIC), which is covered under the EWS scheme. The ISIC presented him with an estimate of Rs. 1.75 lakh which was way above his means.
Mr. Chand filed an application with the Public Information Officer (PIO) of the DHS, Delhi, under section 7(1) of the Right to Information Act seeking to know the details of the EWS freeship scheme. In particular he wanted to know if the ISIC had been informed about the scheme, if so, the bed numbers of patients receiving free treatment at the Centre, and whether given his precarious condition, he could quickly avail himself of the scheme. Section 7(1) of the RTI Act mandates that the PIO concerned must provide information within 48 hours in all cases where questions of life and liberty are involved.
Delayed treatment
Over the next four days, he did not get any information. In desperation, and fearing for his life – there was a danger of his going into a coma if the surgery was delayed — Mr. Chand approached the privately-run Sir Ganga Ram Hospital which told him the surgery would cost just under Rs. 1 lakh. Though Mr. Chand borrowed money from his relatives and underwent surgery, he told the Commission during the hearing that the delayed treatment had left him paralysed from waist below.
In his ruling Mr. Gandhi noted that the case had underscored “the complete failure of the government to deliver social welfare schemes, particularly those involving free medical treatment to persons who cannot afford them. The government has allotted land to certain private hospitals at nominal rates on the condition that they will provide 10 per cent of the beds to EWS patients…However, in reality, most persons for whom such scheme is intended do not enjoy its benefits … The case represents how the delivery systems to the poor fail.”
