Ayushman Bharat Vs Delhi Medical Scheme's Faceoff In High Court: Notice Issued To AAP Government On BJP MPs' Plea

The Delhi High Court has issued a notice to the Delhi Government in response to a Public Interest Litigation (PIL) filed by all seven Bharatiya Janata Party (BJP) MPs from Delhi.

The petition seeks the implementation of the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) in the National Capital Territory (NCT) of Delhi.

The PIL, presented by senior advocate and BJP MP Bansuri Swaraj on behalf of the petitioners, argues that the non-implementation of AB-PMJAY in Delhi denies targeted beneficiaries access to the scheme's benefits.

Under AB-PMJAY, families are entitled to Rs 5 lakh annual health coverage for secondary and tertiary care hospitalization at empanelled public and private hospitals, alleviating catastrophic healthcare expenses.

A bench led by Chief Justice Manmohan and Justice Manmeet Pritam Arora has tagged the matter with ongoing cases concerning health infrastructure and scheduled the next hearing for 11 December.

The plea highlights that AB-PMJAY, launched in September 2018, is the world’s largest health assurance scheme. The scheme is funded through a 60:40 cost-sharing arrangement between the Central Government and Union Territories with legislatures.

The Central Government’s contribution is directly deposited into an escrow account managed by the State or UT Health Authority to settle claims.

On 29 October 2024, the Prime Minister announced expanded coverage under AB-PMJAY for all senior citizens aged 70 and above, irrespective of income, further emphasising the importance of the scheme.

However, the plea claims that the Delhi Government, despite committing to implementing the scheme in its 2020-2021 Budget Speech, has failed to take necessary steps. Earlier, AAP national convener Arvind Kejriwal said that the scheme has not been implemented because Delhi government's better scheme is in place.

The petitioners, who are also residents of Delhi, contend that the government's inaction violates Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Indian Constitution. They argue that this failure deprives Delhi’s underprivileged population of access to essential healthcare services.

The Delhi High Court recently criticised the city’s healthcare infrastructure, noting inadequate funding, outdated medical equipment, and limited access to services like CT scans for underprivileged patients.

The lack of AB-PMJAY implementation, the petition argues, exacerbates these challenges by denying citizens a vital healthcare safety net.

The plea notes that 33 States and Union Territories have adopted AB-PMJAY, leaving Delhi as the only exception. This has created a unique disadvantage for vulnerable populations in the capital, while other regions of the country benefit from the scheme.

The petitioners have urged the Court to direct the Delhi Government to implement AB-PMJAY promptly to address these disparities and provide essential health coverage to the city’s underprivileged residents.