The Supreme Court on Monday directed the Central Government to take decision on the suggestions made by a Nagpur based Pulmonologist, Dr. Rajesh Swarnakar, in his PIL seeking mandatory implementation of “rapid anti-body testing” as a tool for screening of COVID-19.
“We dispose of the instant writ petition by directing the respondent-Union of India to treat this petition as a representation, consider the inputs and grievances raised by the petitioner and take an appropriate decision in this regard,” a bench comprising of Justice N. V. Ramanna, Justice S. K. Kaul and Justice B. R. Gavai said.
The Petitioner-doctor, through Advocates Rishi Jain and Tushar Mandlekar, had submitted that after discussion in detail with technical experts from the Ministry of Health and after considering the several inputs, the final decision as to the advisory on Anti Body Testing was prepared. The Advisory was issued to start Rapid Anti Body Blood Test for Covid-19, in clusters with containment zones and in large migration gatherings.
The Petitioner had submitted that the current procedure for testing using throat swab/ Broncho Alvealar Lavag was a “cumbersome” process, which could be done only by expert hands with strict protective measures to prevent aerosol spread which is available in selected Centers spread across India.
However, the “rapid anti body blood test” identifies the patient as negative and positive, with minimal infrastructural support. “This simple test uses only blood sample and does not require expert hands, costly infrastructure, PPE Kits with less risks of aerosol spreads. The said rapid Anti Body Blood Test can easily be done on all asymptomatic patients coming with ILI only in ₹ 400/-“, he had submitted.
PIL In SC To Direct Centre, States To Start Rapid Anti-Body Test As Screening Tool For COVID
The Petitioner had also stressed on the need to observe “home quarantine” for persons detected with Covid-19unless symptoms become critical, as advised by the ICMR, to relax the burden posed on State exchequer.
“The state exchequer is being unnecessarily burdened and the hospital beds are being occupied for the quarantine purpose which is absolutely not required in country like India,” his petition read.
The matter was disposed of the bench after hearing the case through video conferencing.
Case Details:
Case Title: Dr. Rajesh v. Union of India & Ors.
Case No.: WP No. 10924/2020
Quorum: Justice N. V. Ramanna, Justice S. K. Kaul and Justice B. R. Gavai
Appearance: Advocate Dr. Tushar Mandlekar and AOR Rishi Jain (for Petitioner); Solicitor General of India Tushar Mehta (Union Government)
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