Courts should not interfere with policy decisions in the health sector unless they are arbitrary, unreasonable, or unfair.

JUDGMENT

Satish Chandra Sharma, C.J. The instant writ petition has been filed as a Public Interest Litigation (PIL) for a direction to the Union of India, Govt. of NCT of Delhi and the Indian Medical Association for mandatorily making available and ensuring video laryngoscope along with conventional laryngoscope in all desirable areas especially crash cart trolley in the healthcare system to manage difficult intubation systems.

2. The Petitioner has also prayed for issuance of a direction to the Respondents to issue directions to medical colleges, institutions for using video laryngoscopes along with conventional laryngoscopes for teaching and training purposes. It has also been prayed that the medical practitioners may be trained and equipped for proper usage of video laryngoscope.

3. The Petitioner states that he is a respected citizen of this country and is involved in working for the welfare of the society. It is stated that the technology in the last two decades has progressed by leaps and bounds and that the nation must adopt new technologies. It is stated that the current market size of medical devices sector in India is estimated to be approximately USD 11 Billion and India's share in the global medical device market is estimated to be about 1.5%. It is stated that India is the 4th largest market for medical devices in Asia after China, Japan and South Korea.

4. It is contended that the government schemes for strengthening of infrastructure in public health space have been largely under-funded and the State is not working towards creating a greater role for itself in the delivery of health services. The Petitioner states that various Parliamentary Committees have found that the medical devices industry is facing several challenges such as inadequacy of indigenous research and development on high end technology including lack of adequate funding, non-availability of adequately trained and qualified manpower in high end technology with entrepreneurial skills. The Petitioner further states that intubation is a procedure that can help save the life of a person who cannot breathe.

5. It is stated that when a person cannot breathe, the healthcare provider uses a laryngoscope to guide an endotracheal tube (ETT) into the mouth, nose or voice box, then it widens the trachea to keep the airway open so that air can get into the lungs. It is stated that intubation is usually performed in hospitals during an emergency or before surgery.

6. The Petitioner submits that the instruments used for intubation is called a laryngoscope and the procedure for intubation is called laryngoscopy. The Petitioner thereafter states that medical science has improved and with the advancement in technology, laryngoscopy is available with videos. The Petitioner has relied on certain journals and publications to highlight the advantages of video laryngoscope.

7. The Petitioner has stated that despite various studies and guidelines, the authorities have not taken any substantial step towards implementation and usage of video laryngoscope and for training of doctors, medical staff etc. along with conventional laryngoscopes. The Petitioner has, therefore, approached this Court by filing the instant PIL.

8. India has taken huge strides in terms of providing medical facilities and this Court can take judicial notice of the fact that many patients from neighbouring countries come to India to avail the medical facilities provided by the hospitals in India. The medical facilities and the equipment that is available in the hospitals of our country are world class and are easily accessible to the public at large. In fact, India is famous for its medical tourism as it combines the latest technologies with qualified professionals at accessible costs.

9. The Petitioner has only placed on record a few journals to highlight the benefits of a video laryngoscope. The Petitioner is not a doctor and has not done any research work to demonstrate that unless a video