On Thursday, the Supreme Court requested the Centre’s response regarding a Public Interest Litigation (PIL) seeking palliative care for terminally-ill individuals as part of the national health program. The bench, consisting of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra, acknowledged the arguments presented by senior advocate Jayna Kothari, representing the petitioner. Kothari emphasized that palliative care should be formally recognized and integrated into the national health program.
However, the court disagreed with one aspect of the PIL, which sought to declare the right to receive palliative care as a component of the right to health under Article 21 of the Constitution. Chief Justice Chandrachud remarked, “You seek mandamus stating palliative care comes under Article 21. I do not think that you need to pursue this prayer. The right to palliative care is part of the right to health and life…. Article 21 covers all aspects of human existence.”
Acknowledging the sincerity of the plea, the bench requested the Centre to provide a comprehensive response within eight weeks, detailing the existing policy on palliative care in the country.
Kothari highlighted that currently, only one to two percent of patients receive palliative care nationwide. The PIL names the Union Ministry of Health and Family Welfare, as well as all states and Union territories, as respondents.
Palliative care involves specialized medical attention for individuals suffering from severe illnesses and terminal health conditions.
