The Centre informed the Supreme Court on Thursday that the judiciary cannot determine the extent of free treatment for children suffering from Spinal Muscular Atrophy (SMA), as uncertified gene therapy for around 3,500 affected babies would cost India Rs 35-40,000 crore annually.
Attorney General R. Venkataramani and Additional Solicitor General N. Venkatraman told the bench of Justices Surya Kant and Ujjal Bhuyan that the government has decided to cap free treatment at Rs 50 lakh per child per year. They added that the child of an IAF corporal, whose mother had petitioned the court, had already received treatment worth Rs 14 lakh.
The court ruled that the child’s treatment should continue without interruption at the Army R&R hospital. However, the law officers pointed out that no other country provides free treatment for SMA, as the therapy is not widely available.
They also noted that the Delhi High Court had directed the Centre to bear the treatment costs for all SMA-afflicted children, but the Supreme Court recently stayed the order due to the financial burden it would impose on the government. The bench agreed that treatment would be provided free of cost until further orders and would later review the policy on free treatment for such patients.
TISHHA’ Take
Why did the Centre argue that the judiciary cannot decide the extent of free treatment for children with Spinal Muscular Atrophy (SMA)?
The Centre argued that the judiciary cannot decide the extent of free treatment for children with Spinal Muscular Atrophy (SMA) because providing uncertified gene therapy for approximately 3,500 affected babies would cost India Rs 35-40,000 crore annually, which would impose a significant financial burden on the government.
What was the government’s decision regarding the cap on free treatment for SMA-afflicted children, and how much has been spent on the treatment of an IAF corporal’s child?
The government decided to cap free treatment for SMA-afflicted children at Rs 50 lakh per child per year. For the child of an IAF corporal, whose mother petitioned the Supreme Court, Rs 14 lakh has already been spent on their treatment.
What did the Supreme Court decide regarding the free treatment of SMA patients, and how did it address the Delhi High Court’s earlier order?
The Supreme Court decided that the free treatment of SMA patients should continue without interruption at the Army R&R hospital until further orders. It also stayed the Delhi High Court’s earlier order, which required the Centre to bear the treatment costs for all SMA-afflicted.
Source of Information: https://www.thehindu.com/news/cities/bangalore/50-children-to-get-free-lifelong-access-to-drug-for-sma-treatment/article68868245.ece
