Justice VK Jain sought responses by December 11 on the petition which has also raised the question as to whether the government hospital is duty-bound under the Constitution to give free treatment to all patients who cannot afford expensive medicines.
While issuing a notice to the authorities, HC observed that "ideally no one should suffer for want of treatment. But we have a population of billions. Tomorrow, there will be a flood of such cases (if this plea is allowed)."
Gaucher's disease is a genetic disorder which causes fat to accumulate in cells and certain organs and is characterised by bruising, fatigue, anaemia, low blood platelets and enlargement of the liver and spleen. Some forms of Gaucher's disease may be treated with enzyme replacement therapy.
The petition, filed through advocate Ashok Agarwal, raises the question, "whether AIIMS being a government hospital is under constitutional obligation to provide free treatment to the patients who cannot afford the same because of heavy cost involved therein or poor patients can be left to the mercy of God if they are not in a position to meet the cost of the treatment and whether the respondents 1 (Centre) and 2 (Delhi government) are under duty to arrange for the continuous and uninterrupted treatment of the patients."