Delhi HC directs action against illegal health service aggregators collecting diagnostic samples
Aug 06, 2020
New Delhi [India], Aug 6 : The Delhi High Court on Thursday directed the authorities concerned to initiate action against the violators if there is any illegal health service aggregator collecting diagnostic samples.
A bench of Chief Justice DN Patel and Justice Prateek Jalan, while disposing of a public interest litigation (PIL) seeking a ban on the unregistered online health service aggregators from collecting samples, said that this activity has to be stopped in accordance with law, rules, and guidelines.
"We direct the authorities that if there is any illegal health service aggregator working in violation of law, action will be taken," the bench said.
The High Court was hearing a PIL seeking directions to the central government, Indian Council of Medical Research (ICMR) and Delhi government to immediately ban unregistered online health service aggregators from collecting diagnostic samples, including those for COVID-19 tests.
The petition, filed by Jaipur-based pathologist Rohit Jain through advocate Shashank Dev Sudhi, claimed that these online health service aggregators are misrepresenting themselves as medical diagnostic laboratories thereby posing a threat to the life and safety of the common people.
The plea had sought to immediately ban the banning the online health service aggregators, which are not registered under Clinical Establishment (Registration & Regulation) Act 2010 or under any other regulations, and do not have any medico-legal liability for collecting and testing the patient samples for diagnosis.
It sought directions to issue guidelines for registration and minimum standards for sample collection centres operated by online aggregators including the minimum qualification for taking samples by the representatives of the aggregators.
"A large number of un-authorised pathological labs is being run by under qualified technicians who are providing totally unscientific diagnostic test reports rendering the lives of common and innocent citizen vulnerable to the loss of life based on the false and fake diagnostic test reports across the NCT of Delhi," the plea said.
It submitted that the lack of regulations for online health service aggregators and its unfettered operation through online websites is causing confusion about their legitimacy and legality.
The common people are consequently constrained to fall victim on account of subsidised rates and prices of diagnostic test reports being offered by illegal and fake online aggregators, the plea said.
The plea also alleged that these online health service aggregators are involved in illegal activities of testing COVID-19 without any legal authority and are acting contrary to the ICMR guidelines.
