"The cure is known. I can't allow the boy to die before my eyes, just because the state can't provide him the money for the treatment.
"We can't allow him to die, just because we are short of funds. Something has to be done," Justice Manmohan said, adding the most treasured fundamental right to life would become meaningless.
"What is the use of having Article 21 (right to life) in the Constitution? You have not referred to Article 21," it said.
The court made the observation after going through the minutes of a meeting held between the health ministry and Delhi government's health department where it was found it is "not possible to devise a viable policy for financial assistance on recurring mode on a long term basis for entire life time" of patients suffering from such genetic disorders.
The new rules, notified on February 27, instead includes preventive health care, as the sole entry to cover medical sector, which would only cover vaccinations, diagnostics, etc, amicus curiae advocate Shyel Trehan submitted.
"Why have you deleted the entries that were there? You could have added others," the judge asked the ministry.