Two Petitions have been filed before the High Court of Delhi challenging the order of the Delhi Government dated 7/6/2020 allowing only bona fide residents of NCT of Delhi to be admitted and receive treatment in all the hospitals operating under the Government of NCT of Delhi and all the private hospitals and nursing homes.
The first petition has been filed by Gautam Kumar, an advocate, who is permanent resident of Bihar and residing in state of Delhi since 2015, and the second petitioner Gaurav Sarkar is permanent resident of Uttar Pradesh and is student of law in Delhi University, resident in the state of Delhi since 2017.
According to the petition, the order of the government is arbitrary and will affect people adversely, including the petitioners. The order has also provided an exhaustive list of valid proof of residence which are required for treatment of individuals suffering from COVID-19, and even though both the petitioners have been residing in the state of Delhi for more than a year they do not have any such proof of resident.
According to the petition, the impugned order is violative of Article 14 & 15 of the constitution of India as it treats a person residing in the NCT of Delhi and not having the valid proof of residence unequally with the other person. The order is also violative of Article 21 of the constitution of India since it threatens the very life of the individual itself since Article 21 of the Constitution guarantees protection of life and personal liberty to every citizen and the impugned notification in its present form is challenging the very basis of sustainability of life of an individual.
The petitioners have also contended that the impugned order is ultra virus of the principal regulation dated March 12th as well as the epidemic diseases act, 1897, as the same does not confer power on the govt. of NCT of Delhi to restrict the treatment of the individuals on the basis of residence.
Another petition has been filed by two Advocates enrolled with the Bar Council of Delhi Abhay Gupta and Prashant Arora contending that the impugned order is in strict and direct violation of basic Fundamental Rights of the Public at large including but not limited to Article 14 and 21.
According to the petitioners, the Act of the Government to classify Patients as Resident and Non Resident of Delhi is discriminatory, illegal, unlawful and ultra vires and against the constitutional duties imposed upon the Government. The petition has also added that Right to Health is a Fundamental Right, and can be abridged only in a manner known to law, as these rights are sacrosanct and sacred, they cannot be taken away from the citizens.
-India Legal Bureau