New Delhi: In its response before the Delhi High Court, the Delhi Government opposed the implementation of Ayushman Bharat PM-JAY, arguing that the Delhi Arogya Kosh (DAK) scheme, already in place, is a “far more robust program.”
The Delhi government reply stated that the AB-PMJAY scheme would benefit only about 12 per cent to 15 per cent of the city’s population, making its impact limited., and in contrast, the DAK scheme offered by the Delhi Government has a “broader and more far-reaching effect.”
It further stated that the Delhi government, in a transparent manner, has introduced the Delhi Arogya Kosh (DAK) scheme, which provides for a more robust policy solution in providing medical treatment, that too free of cost to the citizens of Delhi any of the empanelled private hospitals in the Delhi-NCR region. It is submitted that the DAK scheme has been introduced keeping in view the larger public interest and providing every citizen with the right to healthcare.
Recently, the Delhi High Court issued a notice to the Delhi Government on a Public Interest Litigation (PIL) filed by all seven BJP MPs from Delhi.
The petition sought directions for the implementation of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) in the National Capital Territory of Delhi.
Senior Advocate and one of the BJP Members of Parliament, Bansuri Swaraj, represented all petitioner MPs and earlier argued that the scheme has not been implemented in Delhi, thereby denying the target beneficiaries easy and efficient access to the promised Rs 5 lakh coverage. This coverage is intended to protect individuals from catastrophic expenses related to secondary and tertiary care hospitalisation at a wide network of empanelled public and private hospitals.
Earlier, the bench had criticised the Delhi government for its poor health infrastructure and the lack of funds to improve it. The Court, in oral observations, criticised the Delhi government, stating that the health system is insufficient and not functioning properly. The court highlighted the lack of updated medical equipment, with many existing devices not working, and noted that CT scan facilities for needy patients are nearly unavailable.
The plea stated that AB-PMJAY is a centrally sponsored scheme, with the cost of implementation, including administrative expenses, shared between the Central Government and the State/UT Government according to the directives of the Ministry of Finance, Government of India. Under the current arrangement, the cost-sharing ratio is 60:40 for Union Territories with a legislature, with 40 per cent of the cost borne by the respective Union Territories. The central government’s contribution is directly deposited into an escrow account maintained by the State Health Authority (SHA) or UT Health Authority, and the joint contribution is then used by the SHA to settle approved claims.
The plea further stated that on October 29, 2024, the Prime Minister launched health coverage under AB-PMJAY for all senior citizens aged 70 years and above, irrespective of income, with its implementation to be carried out by state governments and union territories.
The plea stated that the petitioners are seven elected representatives from the NCT of Delhi to the 17th Lok Sabha. In addition to their roles as lawmakers, the petitioners are also concerned residents of Delhi who are advocating for the beneficiaries of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) in the region.
The petition stated that the issue arises from a promise made by the Government of NCT of Delhi in the 2020-2021 Budget Speech to implement the AB-PMJAY. However, the petitioners contend that this commitment has been rendered ineffective due to the government’s failure to take the necessary actions. This inaction, the plea asserts, amounts to a violation of Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Constitution of India.
The plea further highlights that the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), launched on September 23, 2018, as part of the Central Government’s Ayushman Bharat Scheme, is the world’s largest health assurance initiative. It provides a health cover of Rs5 lakh per family per year for secondary and tertiary care hospitalisation through a network of empanelled health care providers (EHCP), targeting vulnerable households and families.
As of October 2024, thirty-three (33) states and union territories (UTs) have implemented AB-PMJAY, with the state of Odisha also considering its adoption, as reported in the news in September 2024. However, the NCT of Delhi remains the only Union Territory where this essential healthcare scheme has not been implemented, leaving underprivileged beneficiaries in Delhi uniquely deprived of access to this vital health coverage, the plea read. (ANI)
