Apex Court Asks Center To Explain Steps Taken For Administering Palliative Care To Terminally Ill Patients, Issues Notice In PIL Seeking Framing Of National Palliative Care Policy

The bench of Chief Justice D Y Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra issued notice returnable on May 6 and ordered, "In the meantime, the Union of India shall file a comprehensive response indicating the steps taken and the policies in force for administering the palliative care to terminally ill patients".

Advocate-on-record Dr Anindita Pujari filed the PIL and Senior Advocate Jayana Kothari appeared for the Petitioner.

The Petitioner, who is an educator working with and for disadvantaged groups, filed the PIL seeking palliative care for all persons in India, giving effect to their Right to Health and Right to Dignified End to Life under Article 21 of the Constitution of India.

The Petitioner also sought directions to be given to the Government of India to provide palliative care service delivery within the existing government health programmes including the National Program for Prevention and Control of Cancer, Cardiovascular Disease, Diabetes and Stroke; the National Program for Health Care of the Elderly; the National AIDS Control Program; the National Rural Health Mission and all other government health programs and schemes and further, directions to integrate palliative care service delivery within the AYUSH programmes.

The Petitioner contended in the PIL that, "Palliative care is explicitly recognized under the human right to health by the World Health Organisation. There have been many international declarations recognizing the right to palliative care as an integral part of the right to health including The Cape Town Declaration(2002), The Korea Declaration(2005), The Montreal Statement on Human Rights to Essential Medicines(2005) and the ICPN Mumbai Declaration(2014)."

Furthermore, sought directions to frame a national palliative care policy, to provide training and education in the field, to ensure the availability of drugs and other medicines, to develop national standards for palliative care services and to provide a proper budget for the access of the care.

In its plea, the Petitioner also submitted that "Palliative care is end-of-life care that aims at improving the quality of life for both terminally ill patients and in the protection of their dignity and autonomy. It provides physical, emotional, psychosocial, spiritual, and rehabilitative interventions. The majority of adults and children who require palliative care have chronic diseases such as cardiovascular diseases(38.5%), cancer(34%), chronic respiratory diseases(10.3%), AIDS(5.7%)and diabetes(4.6%). Many other conditions may require palliative care, including kidney failure, chronic liver disease, multiple sclerosis, Parkinson's disease, rheumatoid arthritis, neurological disease, dementia, congenital anomalies and drug-resistant tuberculosis."

Finally, it was contended that "It is required that basic palliative care should be provided by all health professionals, as the same is an integral part of the right to health and the right to life with dignity, and ought to be made available to all persons, irrespective of their age, gender, caste, religion, socio-economic means, or any other criteria. Hence, the present writ petition."

Cause Title: Dr. Rajshree Nagaraju v. Union Of India (Writ Petition (Civil) No.138/2024)

Appearance:

Petitioner: Senior Advocate Jayana Kothari, Advocates Anindita Pujari, Radhika Rani Mohapatra, Shaileshwar Yadav, Bhumika Chouksey, Aparna Mahrotra

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