Supreme Court Orders to Make Covid-19 Test (PCR Test) Free
The Supreme Court has issued an order in the name of the government to make the coronavirus test (PCR Test) free of cost to bring the fundamental right of citizens to health.
Hearing the writ petition of advocates Lokendra Oli and Keshar Jung KC, a joint bench of Justices Ananda Mohan Bhattarai and Tanka Bahadur Moktan issued an order to the Ministry of Health and Population to make the test free of cost.
Petitioner's advocate Lokendra Oli informed that the court had given its final verdict on Thursday stating that the entire body of the case has been reached despite the court ordering the issuance of the interim order. The court has not made public the full text of the verdict. On 30th Bhadra, a single bench of Justice Hari Prasad Phunyal had issued an order summoning both the parties to discuss whether the order should be issued at the request of the petitioner or not.
The petitioner had filed a writ petition in the court demanding implementation of the provision that the Constitution of Nepal defines health as a fundamental right and that the treatment of communicable diseases is provided free of cost under subsection 4 (c) of section 3 of the Public Health Act. The petitioner contended that charging PCR was against Article 35 (1) of the Constitution. Similarly, according to Article 18 (1) of the Constitution, the state should treat all citizens equally.
The petitioner had demanded that the decision to fix the trial fee be against the constitution and law. The writ petition demanded that the government, including Badar, take full responsibility for the Covid-19 test and manage it. The order has been issued as per the writ petition.
At present, the government has allowed private laboratories to charge testing fees along with the government. Apart from a certain government, other laboratories are charging fees. Private laboratories have not complied with the range of fees set by the government. Only on Wednesday, the Ministry of Health and Population was again instructed to conduct the test at the prescribed fee. The ministry has warned to revoke the permission if the instructions are not followed.
