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The SC asks the PIL Petitioner to do their homework.Say you can’t ask for everything in the sun

The Supreme Court said Monday that those who file a proceedings (PIL) must do their homework and keep in mind that they cannot just ask for everything in the sun.

The Supreme Court said the responsibility for showing shortcomings in policy issues rests with the PIL petitioner and should be supported by some data and examples.

Judges DY Chandrachud and BV Nagrasna entertain PIL for direction in implementing 2017 National Health Policy, in addition to other prayers, including the livelihoods of dependents of COVID-19 victims. And asked the petitioner to submit a new petition. According to data and examples. At the beginning, Bench said. “See, the problem with this kind of petition is that there are too many prayers. If you ask for just one prayer, we may deal with it, but when you ask for everything in the sun Insist.

Bench added that the petitioner cannot leave everything to the courts or states and must point out specific examples and data that show shortcomings in implementing the policy.

Proponent Shrabankmar, who appeared in petitioner C Anjilady, is an example of Andhra Pradesh’s Ramesh, who spent hundreds of thousands of rupees because poor middle-class people did not have access to free and affordable medical facilities. I said I mentioned it. COVID-19 Hospitalization during a pandemic.

Bench said, “You must bring the right petition and the right prayer before the court. We will notify you about the problem and we will not dismiss it, but how many are you? Something should be shown in that data. It is not possible to give an all-Indian direction based on one Ramesh Kumar in Andhra Pradesh. What is the source of information about him? “

Mr. Slavana said he attached some data showing that people were forced to move to private hospitals because the vacant seats of doctors in public hospitals were not filled.

Bench said there was nothing on the petition other than the report of the National Health Mission, which provided the data, and the petitioner had to do a little more homework.

“You can’t just attach a report and expect the court to take responsibility. These are policy matters. You can’t just say that you’re implementing a health policy. Simply saying that you’re implementing the 2021 budget. You can’t. You need to identify the shortfall and show how the compliance failure occurred. You haven’t lost the burden of the complaint just because this is a PIL, “he said. ..

In addition, the petitioner must do his homework, give concrete examples, collect data and indicate important areas according to him so that the court can issue notices to the authorities or government. I did.

The lawyer said it would be difficult to obtain data for the petitioner.

“If it’s difficult, tell the client to rest in peace. Obviously it’s difficult, and why shouldn’t it be difficult? This is when the prisoner writes a personal complaint on a postcard. No, there we will intervene immediately. We have to bear the burden because we are raising policy issues that could affect us nationwide. “

The Supreme Court allowed the petitioner to withdraw the petition and granted the freedom to submit another petition using certain data and examples.

PIL implements instructions passed by the court in a 1996 verdict on the provision of appropriate medical facilities, implements National Health Insurance in 2017, lacks dependents / medical support and lack of instructions for COVID-19 victims Asked for the livelihoods of those who died from. The insurance authorities will process the claim and reimburse the policyholder for medical expenses under Ayushman Bharath-PMJAY.

Lady, president of the Hyderabad-based Raleigh Association, said the main motivation for national health policy was to improve national health facilities and avoid “out-of-pocket” treatment by citizens. ..

“The COVID-19 pandemic has shown the catastrophic consequences of non-compliance with national health policy and the ruling passed by this court. Due to the lack of sufficient free / affordable medical facilities, the people of the country are in national health. Contrary to policy obligations, they are forced to spend their lifetime saving and selling property and jewelery to get medical treatment in private hospitals.

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The SC asks the PIL Petitioner to do their homework.Say you can’t ask for everything in the sun

Source link The SC asks the PIL Petitioner to do their homework.Say you can’t ask for everything in the sun

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