SC: Can’t hospitals built on free land treat Covid for free?

The Supreme Court on Wednesday asked the Central government why a private hospital, built on a government land given to them free of cost, cannot provide free treatment to Covid-19 patients or at least at minimal cost.

“Why can’t private hospitals, given land free of cost, treat Covid patients for free?” Chief Justice Sharad A. Bobde asked solicitor general Tushar Mehta, who was present at the virtual hearing.

Giving the government a week’s time to respond, a bench of Chief Justice Sharad A. Bobde and Justices A.S. Bopanna and Hrishikesh Roy said: “You identify all those hospitals and try to see whether these hospitals can charge a minimum cost or even (treat Covid patients) free of cost.”

“They have been given land either free or at a very nominal cost. These charitable hospitals should treat them for free”, the Chief Justice said.

The court’s poser came during the hearing of a public interest litigation (PIL) by one Sachin Jain seeking a direction that the cost of treatment in private hospitals of Covid patients across the country be minimum, and that charitable trusts do it on a “no-profit” basis.

The petitioner also urged the court to regulate the cost of treatment by other non-charitable hospitals on a fixed-cost basis.

The PIL by Mr Jain says: “When the nation is fighting a battle against the pandemic, all such private hospitals which are running on public land (allotted at concessional rates) or are running under the category of ‘charitable institutions’ should be called upon to provide hospitalisation and treatment to Covid-19 patients on a pro bono or non-profit basis.”