Ensure free health services for poor at Kausa hospital: HC to TMC

The Bombay High Court has directed the Thane Municipal Corporation (TMC) to provide free medical services to the poor and those without ration cards at its Kausa hospital. The court declined to intervene in the government's decision to operate the hospital under a public-private partnership model. The ruling came during a hearing on a public interest litigation petition filed by the Association for Protection of Civil Rights. The petitioner argued that the tender for the public-private partnership contract failed to reflect the government's resolution to provide free and affordable services. The HC directed the corporation to abide by its own resolution.

The Bombay high court on Monday directed the Thane Municipal Corporation (TMC) to provide free medical services to the poor, those who do not have yellow and orange ration cards, and others who live within the corporation limits, at its Kausa hospital. The TMC had on March 3, 2022, passed a resolution in this regard.

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The court, however, declined to intervene in the government’s decision to operate the hospital under a public-private partnership model.

A bench of chief justice Devendra K Upadhyay and justice Arif S Doctor said the hospital’s proposed public-private partnership model should not hinder the government’s obligation to provide free medical services, ensuring conformity with the resolution.

The ruling came during a hearing on a public interest litigation (PIL) petition filed by the Association for Protection of Civil Rights. The group advocates for affordable health facilities for Kausa residents who currently rely on a public health centre in Kalwa, 12 kilometres away.

The Kausa hospital, approved in 2008, remains non-operational due to the corporation’s decision on March 3, 2022, to pursue a public-private partnership model because of the funding constraint, the petitioner said.

The petitioner argued that the tender for a public-private partnership contract failed to reflect the government’s resolution to provide free and affordable services on par with the Chhatrapati Shivaji Maharaj Hospital in Kalwa. The association highlighted discrepancies in the eligibility criteria for free medical facilities under the resolution.

According to the corporation’s interpretation of the resolution, citizens with yellow, annapurna or orange ration cards are exempt from charges, while others will be charged as per government schemes, with a contractor-provided discount.

However, the petitioner highlighted a portion of the resolution that reflects the corporation’s decision to provide free health services to the poor and those who do not have yellow or orange ration cards and other patients living within the TMC limits.

After hearing both sides, the HC cited a study by Tata Institute of Social Sciences that found a significant portion of the population in Kausa-Mumbra locality belonged to disadvantaged and economically weaker sections.

“Lack of access to basic health services leads to joblessness, homelessness, and further marginalisation,” the court said and directed the corporation to abide by its own resolution.