HC issues notice to Delhi govt over AB-PMJAY implementation

The Delhi High Court issued a notice to the Delhi Government on Thursday on a Public Interest Litigation (PIL) filed by all seven Bharatiya Janata Party (BJP) MPs from Delhi.

The petition sought directions for the implementation of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) in the National Capital Territory (NCT) of Delhi.

The bench, headed by Chief Justice Manmohan and comprising Justice Manmeet Pritam Arora, has linked the case with other ongoing matters concerning health infrastructure and scheduled the next hearing for December 11, 2024.

Bansuri Swaraj, senior advocate and BJP MP, represented all petitioner members of Parliament to argue that the scheme has not been implemented in Delhi, denying the target beneficiaries easy and efficient access to the promised Rs five lakh coverage. This coverage is intended to protect individuals from catastrophic expenses related to secondary and tertiary care hospitalisation at a wide network of empaneled public and private hospitals.

Earlier, on Wednesday, the bench had criticised the Delhi government for its poor health infrastructure and the lack of funds to improve it. The Court, in oral observations, criticised the Delhi government, stating that the health system is insufficient and not functioning properly. The court highlighted the lack of updated medical equipment, with many existing devices not working, and noted that CT scan facilities for needy patients are nearly unavailable.

All seven BJP MPs have recently moved the Delhi High Court, urging the court to direct the Government of NCT of Delhi to implement the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) in the National Capital Territory (NCT) of Delhi.

The plea stated that AB-PMJAY is a centrally sponsored scheme, with the cost of implementation, including administrative expenses, shared between the Central Government and the State/UT Government according to the directives of the Ministry of Finance, Government of India. Under the current arrangement, the cost-sharing ratio is 60:40 for Union Territories with a legislature, with 40% of the cost borne by the respective Union Territories. The Central Government's contribution is directly deposited into an escrow account maintained by the State Health Authority (SHA) or UT Health Authority, and the joint contribution is then used by the SHA to settle approved claims.

The plea further stated that on October 29, 2024, the Prime Minister launched health coverage under AB-PMJAY for all senior citizens aged 70 years and above, irrespective of income, with its implementation to be carried out by state governments and union territories.

The plea stated that the petitioners are seven elected representatives from the NCT of Delhi to the 17th Lok Sabha. In addition to their roles as lawmakers, the petitioners are also concerned residents of Delhi who are advocating for the beneficiaries of the AB-PMJAY in the region.

The petition stated that the issue arises from a promise made by the Government of NCT of Delhi in the 2020-2021 Budget Speech to implement the AB-PMJAY. However, the petitioners contend that this commitment has been rendered ineffective due to the government's failure to take the necessary actions. This inaction, the plea asserts, amounts to a violation of Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution of India.

The plea further highlights that the AB-PMJAY, launched on September 23, 2018, as part of the Central Government's Ayushman Bharat Scheme, is the world's largest health assurance initiative. It provides a health cover of Rs 5 lakh per family per year for secondary and tertiary care hospitalisation through a network of Empanelled Health Care Providers (EHCP), targeting vulnerable households and families.

As of October 2024, thirty-three (33) States and Union Territories (UTs) have implemented AB-PMJAY, with the State of Odisha also considering its adoption, as reported in the news in September 2024. However, the NCT of Delhi remains the only Union Territory where this essential healthcare scheme has not been implemented, leaving underprivileged beneficiaries in Delhi uniquely deprived of access to this vital health coverage, the plea read.