SC Seeks Centre’s Response on Inclusion of Palliative Care in National Health Program

The Supreme Court sought the Centre’s response on Thursday regarding a PIL seeking a directive to authorities to provide palliative care to terminally-ill individuals as part of the national health program.

Palliative care refers to specialized medical attention provided to individuals suffering from severe ailments and terminal health conditions.

A bench of Chief Justice D Y Chandrachud, along with justices J B Pardiwala and Manoj Misra, acknowledged the arguments put forth by senior advocate Jayna Kothari, representing the petitioner. Kothari emphasized that palliative care should be acknowledged and integrated into the national health program.

While addressing the public interest litigation (PIL) filed by Bengaluru resident Rajshree Nagaraju, the court disagreed with one of the prayers asserting that the right to receive palliative care should be declared as part of the right to health under Article 21 of the Constitution.

The CJI remarked, “You seek mandamus stating palliative care comes under Article 21. I do not think that you need to pursue this prayer. The right to palliative care is part of the right to health and life…. Article 21 covers all aspects of human existence.”

Acknowledging the plea as “genuine,” the bench requested the Centre’s response within eight weeks and instructed it to submit a comprehensive reply detailing the current policy on palliative care in the country.

Kothari noted that currently, only one to two percent of patients receive palliative care in the country.

The PIL has named the Union Ministry of Health and Family Welfare along with all states and Union territories as respondents.