Delhi HC ‘concerned’ over lack of TB drugs at MCD hospital; counsel assures procurement of ultrasound machine in 15 days

Appearing for the NGO, advocate Ashok Agarwal said that during his personal interaction with the doctors and patients of the hospital in question, he was informed that the “sole” ultrasound machine has been in a “non-functional state” for the last 30 months and essential medicines unavailable for the last six months.

The situation forced the patients to get their ultrasound done and purchase medicines from outside, emphasised Agarwal, adding that inaction on the part of the authorities are in violation of the fundamental right to health guaranteed under the Constitution of India.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was told by the Delhi government’s counsel that the Union Ministry of Health and Family Welfare had informed the Delhi government that “since fresh supplies under central procurement may take at least 2-3 months to be delivered, the state/ district-level authorities may procure TB medicines from the market, so that individual patient care is not affected”.

With respect to the procurement of the ultrasound machine, the Delhi government’s counsel also said that the office of the district magistrate concerned (the appropriate authority) on Tuesday issued a certificate of registration under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994.

Taking the certificate on record, the bench directed the MCD to “expedite the process of procurement of the ultrasound machine”. The MCD counsel then “undertook and assured” the court that the machine shall be “procured and made operational within 15 days”. The bench then said that the MCD counsel is held bound by her statement.

The HC further directed the counsel appearing for the Delhi and central governments to “obtain instructions on the availability of medicines”, in particular FDC 3 drug which is used to treat TB. This direction was made after the court was told by the Delhi government official that there was scarcity in FDC 3 drug due to unavailability of active salt.

The official said that the Centre is aware of the unavailability since it “maintains a real-time situation analysis of states” as the medicine stocks usually come from the central government.
The matter is next listed on May 3.