Counsel for the petitioner who suffers from Progressive Supranuclear Palsy (PSP) submitted that the petitioner could not be taken to a clinic for an ultrasound required for an urgent replacement of infected Peripherally Inserted Central Catheter (PICC) line.
The Delhi High Court on Friday directed the Fortis hospital to transport an ultrasound machine to the house of a 70-year-old man suffering from a debilitating illness. The man is under domiciliary hospitalization.
The bench of Justice Sanjeev Narula directed that the transportation of the machine will be carried out under the supervision of the District Magistrate (New Delhi) and/or District Magistrate (Najafgarh) along with the concerned Chief District Medical Officer.
The petitioner Deepak Nirula, a 70-year-old senior citizen suffering from Progressive Supranuclear Palsy (PSP), a debilitating illness that attacks the brain and nerve cells, causing acute problems with balance, movement, vision, and speech, is under domiciliary hospitalization at his home, which is an arrangement similar to an ICU setting in tertiary care.
Counsel for the petitioner submitted that Nirula was earlier taken to the hospital to undergo an ultrasound procedure but his condition deteriorated during the process and so he could not be taken to the clinic for another ultrasound for removing the infected Peripherally Inserted Central Catheter (PICC) line.
Counsel added that if the PICC line was not replaced immediately, it might have dire consequences on Nirula’s already frail condition.
It was further submitted that a portable ultrasound machine was available at the Genetic Clinic/Centres at Fortis Flt. Lt. Rajan Dhall Hospital, Vasant Kunj, and the hospital had agreed to transport the machine to the residence of Nirula.
On the other hand, the counsel for GNCTD cited Sections 3(3) and 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) PNDT Act read with Rule 3B of the PNDT Rules, 1996, which prevented the removal of an ultrasound machine that was required for the prescribed medical treatment.
To this, Court opined that the legal provisions cited could not be interpreted in such a manner, as any delay or failure would impede Nirula's treatment and could lead to his health deterioration.
Court added that the PNDT Act was enacted to prevent the misuse of ultrasound machines for sex determination, however, in exceptional circumstances, the High Court can always make an exception for the use of the ultrasound machinery.
“The Petitioner's right to life guaranteed by the Indian Constitution would be violated if the provisions of the PNDT Act are interpreted in a way that prevents him from accessing essential medical equipment”, the bench observed.
The court stated that it is worth noting that the rationale for including the said prohibitory provisions in the PNDT Act was to prevent the social evil of prenatal sex determination, which is very different from the facts of the instant case; thus, providing the said machine to Nirula is not in violation of the PNDT Act's goal.
The court listed the matter on September 7, 2022, before the Roster bench.
Case Title: Deepak Nirula v. Union of India and Others