IN THE HIGH COURT AT CALCUTTA
T.S SIVAGNANAM, CHAITALI CHATTERJEE (DAS)
Muscular Dystrophy Patient Welfare Society – Appellant
Versus
Ministry of Health & Family Welfare Government of India – Respondent
JUDGMENT :
1. Reference may be made to the order dated 1st July, 2025 in which we had requested the assistance of the learned Additional Solicitor General. Paragraphs 13 and 14 of the order are quoted hereinbelow:
“13. The next aspect, which has been highlighted before us is that persons suffering from Muscular Dystrophy may require other devices such as Afo Night Splint Legs, Knee Orthosis, Braces/Belts for spine and we are informed that these items are supplied free of cost by the National Institute For Locomotor Disabilities, which is located at Bonhooghly. We request the learned Additional Solicitor General to obtain appropriate written instruction from the Director of the said National Institute as to whether these items could be supplied to the persons suffering from Muscular Dystrophy upon due certification by the concerned hospital free of cost.
14. It is brought to the notice of this Court that these items are required for persons, who are in the early stage of Muscular Dystrophy and who are not wheel chair bound. Let the Director of the National Institute For Locomotor Disabilities give appropriate written instruction to the learned Additional Solicitor General in this rega
Court mandates provision of assistive devices and medications for Muscular Dystrophy patients under relevant government schemes, stressing the need for standardized procedures and improved healthcare....
The court directed state authorities to implement measures for support and rehabilitation of patients suffering from rare diseases, emphasizing financial aid, medical necessities, and community CSR i....
The court affirmed that the right to health, as part of the fundamental right to life under Article 21, requires timely access to treatment, especially for children with rare diseases.
The fundamental right to health and healthcare under Article 21 of the Constitution necessitates ensuring treatment for Rare Diseases despite exorbitant costs, and the government's obligation to fina....
The court emphasized the right to continuous and uninterrupted treatment for patients suffering from rare diseases under the National Rare Diseases Policy, 2021.
The court mandated that the government ensure timely treatment and funding for patients suffering from rare diseases, establishing a comprehensive framework to facilitate compliance with health polic....
Facilities for treatment of rare diseases would not be in place in the State in the near future without judicial interference.
The court emphasized the need for immediate treatment and funding for rare diseases, and referred the matter to the National Consortium for comprehensive recommendations.
The court emphasized the need for the government to facilitate funding and develop indigenous treatments for rare diseases, considering them a national priority.
The central legal point established in the judgment is the need to facilitate the conduct of clinical trials, streamline the manufacturing and trials process, and ensure the implementation of the Nat....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.