Supreme Court seeks response from Central government on plea alleging non-compliance with Clinical Establishment Act, 2010

The Supreme Court on Tuesday issued notice to the Central government on a plea seeking proper implementation of the Clinical Establishments (Registration and Regulation) Act of 2010, the Clinical Establishment (Central Government) Rules of 2012 and the Patients’ Rights Charter (Jan Swasthya Abhiyan vs UOI)..The Bench of Chief Justice of India NV Ramana and Justice Surya Kant expressed hope that the government will respond positively to the issue raised in the petition. .Senior Advocate Sanjay Parikh, arguing for the petitioner organisation, stated that the laws and rules emphasize the need for regulation and standardisation of clinical establishments and active promotion and adoption of Standard Treatment Guidelines for both public and private medical sectors,However, many States are yet to implement the same, it was pointed out.."No standard treatment protocol is followed, forcing patients to undergo certain treatments, the NHRC had shared the patient's charter of rights. The minimum standard guidelines are not provided. The rates etc has to be decided and country will have a different structure. Now 70 percent is with private and 30 is with public," said Parikh. .The plea filed through Advocate Srishti Agnihotri stated that there is an urgent need to develop the public healthcare system in our country by providing not only the infrastructure facilities but also provision for medical doctors, public nurses and allocation of sufficient budget to ensure that maximum healthcare facilities exist in public domain not only in normal times but also during emergency times such as COVID.."Adoption of the CEA by only 11 States and 7 Union Territories (UTs) and not by the other 18 States/ UTs, creates an anomalous position since those States which have adopted the CEA have a legally enforceable minimum standard of healthcare available to the residents of the States, though in fact the residents are deprived of the benefits on account of the non-implementation of the minimum standards as mentioned above," the plea said. .The plea sought directions to operationalize all the provisions of the Clinical Establishments Act and Clinical Establishment Rules. It also prayed that the conditions for registration under Sections 11 and 12 of the Clinical Establishments Act 2010 read with Rule 9 of the Clinical Establishment Rules, 2012 be enforced..The plea further sought directions to have a uniform standard of healthcare in consonance with the Article 21 and Article 47 of the Constitution either by adopting the provisions of the Clinical Establishments Act, 2010 or bringing their laws in conformity with the said Act and Rules..[Read Order]