Health Sector: Right to Aid under PM-JAY — High Court Protects Vulnerable Citizens

In a recent judgment highlighted in the November 28 news digest, a High Court strongly criticised a state government for denying medical assistance under the Pradhan Mantri Jan Arogya Yojana (PM-JAY) to a patient solely because he lacked the funds to begin treatment. The Court held that such denial defeats the very purpose of the scheme and violates the constitutional vision of access to healthcare for the poor.

PM-JAY, designed to provide cashless health insurance coverage of up to ₹5 lakh per family per year, specifically targets economically vulnerable households. The High Court observed that when the scheme is aimed at ensuring immediate medical relief, authorities cannot create artificial barriers or insist on upfront payments from patients who are already in distress. Such conduct, it stated, amounts to administrative apathy and directly contradicts both Article 21—right to life—and the welfare obligations of the state.

In its remarks, the Court reprimanded the government for failing to implement the scheme with sensitivity, noting that bureaucratic delays or rigid procedural demands tend to disproportionately harm the poor. It reminded the authorities that PM-JAY is not a discretionary welfare measure but a statutory guarantee for eligible beneficiaries. Therefore, hospitals—both public and empanelled private centres—must provide treatment without insisting on initial deposits, documentation delays, or clarifications that can cost precious time in emergencies.

The judgment also draws attention to the broader problems plaguing India’s public health administration: inadequate awareness about entitlements, hospitals refusing cashless treatment, and insufficient monitoring of empanelled institutions. The Court urged the state to strengthen grievance redress mechanisms, ensure strict compliance by hospitals, and conduct regular audits to prevent denial of treatment.

Experts believe the ruling reinforces a crucial jurisprudential trend: healthcare is a fundamental right, and financial incapacity can never justify withholding life-saving services. The decision is expected to bolster accountability within PM-JAY and serve as a deterrent against negligent or exclusionary health practices.