Let us hope govts respond, says SC on plea seeking implementation of 2012 law

The Supreme Court issued notice to governments at the Centre and states on a petition seeking implementation of the Clinical Establishment Act 2012 that lets governments prescribe minimum standards for affordable and quality healthcare

NEW DELHI: The Supreme Court on Tuesday asked central and state governments to respond to a petition seeking implementation of a law prescribing minimum standards for affordable and quality healthcare that has been in operation since February 2012.

The petition filed in the Supreme Court said a majority of the country’s population was exposed to potential exploitation by private healthcare providers, leading to the denial of the right to health during the Covid-19 pandemic. (ANI)

The petition filed by NGO Jan Swasthya Abhiyan, Patients’ Rights Campaign and activist KM Gopakumar sought the implementation of the Clinical Establishments (Registration and Regulation) Act 2010, the Clinical Establishment (Central Government) Rules, 2012 and the Patients’ Rights Charter prepared by National Human Rights Commission (NHRC) along with Union Health Ministry in August 2018.

Linking the petition to the present Covid-19 pandemic, the petition filed by advocate Srishti Agnihotri said: “The lack of implementation of provisions of the Clinical Establishments Act and rules has exposed a majority of the population to the potential exploitation by private healthcare providers, leading to the denial of the right to health during the Covid-19 pandemic.”

A bench of Chief Justice of India (CJI) NV Ramana and justice Surya Kant said the bench will issue notice. “Let us hope the Governments will respond.”

The petition argued by senior advocate Sanjay Parikh said 70% of the healthcare sector falls within the domain of private hospitals. This law provides for common conditions for registration of clinical establishments, minimum standards of facilities and services, the requirement of personnel, fixation of rates for each type of medical and pathological procedure and services within the range of rates determined by the central government issued from time to time, for all times than for specific situations of the pandemic, he submitted.

Parikh said the 2010 law applies to 11 states and six union territories. The Act provides for the establishment of the National Council for Clinical Establishments and State Council/ UT council in the respective states/UTs to prescribe standard guidelines for treatment rates to be charged, medical infrastructure and facilities. Even the National Health Policy 2017 recommends implementation of patients’ rights as key process standards, along with setting up a medical tribunal for resolutions of complaints by patients.

The bench observed, “The Rules of 2012 expect small laboratories to have academically qualified persons. It is a very burdensome thing for them. Ultimately they will pass the burden to the patients.” The petition pointed out that having a law that is not implemented as also the patients’ rights charter amounts to a violation of citizens’ right to health guaranteed under Article 21.