123 Kolkata: The court cannot compel the govt to formulate a scheme in a particular manner, the Calcutta High Court said on Thursday while dismissing a public interest litigation (PIL) seeking to declare the Swasthya Sathi scheme of the state govt as "unconstitutional".
The PIL was filed by an organisation called People for Better Treatment (PBT) in 2021. According to the organisation's website, PBT India was founded by its president Kunal Saha and inaugurated on Dec 30, 2001.
Saha argued that the scheme was ‘unconstitutional' and violated Article 14 of the Indian Constitution, which guarantees equality before the law and prohibits discrimination on any grounds.
Appearing before the division bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharya in person, Saha stated that a cap of Rs 5 lakh per family is discriminatory as the size of the family varies. In the PIL, it was previously alleged that the scheme had not been extended to all eligible persons and that, although the scheme provides coverage to all the "permanent residents of the state," many have been turned away from hospitals and not extended the benefit.
However, Saha's argument before the bench on Thursday focused on the scheme being violative of Article 14. The division bench repeatedly asked Saha to prove its unconstitutionality. The bench ultimately stated, "We are unable to decipher on what grounds the petitioner terms the scheme unconstitutional or violative of Article 14 of the Indian Constitution. What we can decipher is that the scheme should be implemented regardless of the size of the family. The courts cannot compel the govt to formulate a scheme in a particular manner. These are all policy decisions taken by the govt bearing in mind the needs of the citizens of the state. Therefore, we find no ground to issue the nature of relief asked for. The petition is dismissed."
The case has been ongoing before the HC since 2021. In the Nov 2021 hearing of the case, a former advocate general submitted that it was a universal healthcare scheme floated by the state wherein the family is treated as a unit, and such schemes exist in other states as well.
The AG in 2021 stated that the beneficiaries under the scheme are increasing every year and it is an insurance-based scheme wherein the premium is paid by the state.
The scheme was announced in the cabinet on Feb 17, 2016, and officially launched by CM Mamata Banerjee on Dec 30, 2016. It covers basic health cover for secondary and tertiary care up to Rs 5 lakh per annum per family. There is no cap on the family size, and parents from both spouses are included. All dependent physically challenged persons in the family are also covered. The entire cost is borne by the state with no contribution from the beneficiary.
According to the data provided on the state govt website till Nov 25, 2024, over 2.4 crore families have been covered by the scheme with over 2,600 empanelled hospitals and over 85 lakh hospitalisations. Till Dec 20, 2024, 98.4% of claims preferred have been settled. Moreover, about 90% of patients undergoing treatment after early-stage cancer detection are beneficiaries of the scheme.