New Delhi
The Supreme Court on Wednesday directed the Delhi government to ensure that every private hospital allotted land at concessional rates fulfils its obligation to provide free treatment to the economically weaker section (EWS) of society.
The court issued the direction while dealing with the process to finalise guidelines to ensure EWS patients are not denied free treatment at hospitals bound by the land lease clause. The amici curiae in the matter submitted that EWS patients alleged that they were turned away by some hospitals, stating that they were not a part of the court proceedings.
A bench of justices Prashant Kumar Mishra and Shree Chandrashekhar said, “It has been brought to our notice that there are other hospitals over and above the 51 enlisted hospitals that would be falling in the category of hospitals which received government grant and would be governed by our order of which compliance is being sought in these proceedings.”
To be sure, as per a 2018 ruling by the top court, all hospitals which received land at concessional rates are bound under the lease deed conditions to provide free treatment to the EWS, to the extent of 10% at in-patient departments (IPD) and 25% at out-patient departments (OPDs). The court had received a list of 51 hospitals from the the Delhi government, which listed leading private hospitals among those that benefitted.
Senior advocate Sanjay Jain and advocate Ninad Laud, the amici, sought the court’s permission to undertake an exercise of identifying any further hospital that falls under this category, beyond the list of 51. But the bench said, “How will you know about this? Let the information come from the health department.”
{{/usCountry}}Senior advocate Sanjay Jain and advocate Ninad Laud, the amici, sought the court’s permission to undertake an exercise of identifying any further hospital that falls under this category, beyond the list of 51. But the bench said, “How will you know about this? Let the information come from the health department.”
{{/usCountry}}The court directed the health secretary, Government of National Capital Territory of Delhi (GNCTD) to undertake an exercise and file details of the hospitals that fall within this category and are excluded from the list given to the court. The bench posted the matter for further hearing on November 4.
The amici had earlier submitted a draft standard operating procedure (SOP) to the court but the same had to be revised as hospitals sought to give their own suggestions to certain clauses. The court directed that by the next hearing, a final SOP be filed.
The draft SOP contains provisions that make it mandatory for hospitals not to deny treatment to an EWS patient brought for emergency treatment on the ground that the 10% quota for IPD for that month has been exhausted. It provides that if a hospital refuses free treatment, the reasons must be recorded in writing. Such reasons shall not include cost, choice of consultant or administrative inconveniences, the draft SOP states.
The list of 51 hospitals bound to provide free treatment to the EWS include Max, Fortis, Mool Chand, Primus, Vimhans, Batra, Dharamshila Narayana, Sita Ram Bharti, Sir Ganga Ram, St Stephen, Rajiv Gandhi Cancer Institute, Pushpawati Singhania, Jaipur Golden, and Indian Spinal Injuries Centre, among others.
The top court’s 2018 ruling stemmed from a PIL filed before the Delhi High Court, seeking free treatment to the poor in hospitals that were obliged to provide the same under the land lease clause. In 2007, the Delhi High Court mandated all such hospitals to scrupulously abide by the same. This order was challenged in the Supreme Court, which upheld the high court order and directed the Delhi government to submit periodic reports of compliance.
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