The Delhi High Court recently observed that huge strides have been taken by India in providing medical facilities and that many patients from neighbouring countries come to India to avail the medical facilities provided by the hospitals in India.

The Court made this observation while dealing with a plea seeking directions to make available and ensure video laryngoscope along with conventional laryngoscope in all desirable areas in the healthcare system.

“India has taken huge strides in terms of providing medical facilities and this Court can take judicial notice of the fact that many patients from neighbouring countries come to India to avail the medical facilities provided by the hospitals in India. “, the bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed.

The Court further added that medical facilities and the equipment that is available in the hospitals of India are world class and are easily accessible to the public at large.

Advocate Jatin Sharma appeared for the petitioner whereas Santosh Kumar Tripathi, Standing Counsel, appeared for GCNTD.

In this case, the petitioner stated that when a person cannot breathe, the healthcare provider uses a laryngoscope to guide an endotracheal tube (ETT) into the mouth nose or voice box, then it widens the trachea to keep the airway open so that air can get into the lungs.

The Petitioner submitted that the instruments used for intubation is called a laryngoscope and the procedure for intubation is called laryngoscopy. The Petitioner thereafter stated that medical science has improved and with the advancement in technology, laryngoscopy is available with videos.

The Petitioner stated that despite various studies and guidelines, the authorities have not taken any substantial step towards implementation and usage of video laryngoscope and for training of doctors, medical staff etc. along with conventional laryngoscopes.

Thus the petitioner prayed for directions to make available video laryngoscope along with conventional laryngoscope. The petitioner also prayed for directions to medical colleges, institutions for using video laryngoscopes along with conventional laryngoscopes for teaching and training purposes.

The Court noted that the petitioner is not a doctor and has not done any research work to demonstrate that unless a video laryngoscope is not used, the process of laryngoscopy will end in a failure. The Court noted that the petitioner did not bring any material to show that absence of video laryngoscope will result in fatalities.

Laryngoscopy is a common procedure done in all hospitals which does not even require hopitalization. Courts cannot force Governments to procure video laryngoscope in all hospitals as it is a matter of policy.”, the Court added.

The Court noted that the petition is ill-conceived and that the Petitioner has been only used as a front by manufacturers of video laryngoscope who wish to promote their products.

Thus the Court dismissed the petition while issuing a warning to the petitioner not to file such frivolous petition in the future.

Cause Title- Parminder Singh v. Union of India & Ors.

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