20130807

Are private hospitals complying with supreme court judgment?

Dear Friend,
I would like to share with you some of the major findings emanating from ‘A Study of Implementation of Supreme Court Judgment regarding treatment of poor patients in private hospitals in Delhi’,  carried out by Shagun Sinha, BA (H) student at Lady Shri Ram College of Delhi University, Aishini Mandal, BA LLB student at Symbiosis Law School, NOIDA  and Aman Chaudhary, BLS-LLB student at  Govt Law College, Mumbai during  internship with Consumers India.
Ø  Delhi is a city of hopes and promises for the common man- leading to a common belief that whatever was not possible at their local place could be achieved at Delhi- a trust that needs to be upheld. 
Ø  As a result of a PIL filed by a lawyers group (Social Jurist) in 2002 with a view to enforce free treatment of poor persons in hospitals built on land allotted at subsidised  rate, the Hon’ble High Court of Delhi on 22 March 2007 had  decreed that 10 per cent of the total beds in the IPD must be reserved and 25 per cent of the patients in the OPD should be treated free of cost if the patient belonged to the Economically Weaker Sections (EWS). This decision was subsequently upheld by Supreme Court in 2011. 
Ø  The comprehensive guidelines framed in this regard are applicable to all private and government hospitals functioning under the control of the Central Government, Delhi Government and Municipal Councils. EWS patients can go directly to such private hospitals. They can also be referred by Government hospitals. Every Government hospital was mandated to create a special referral center managed by a senior officer round the clock for this purpose. 
Ø  The study found that while some hospitals are strictly adhering to the judgment, there is no dearth of those hospitals which are reluctant to follow the guidelines. Three hospitals in this category are also facing contempt of court in the light of the judgment. The reluctance to treat poor patients free of cost is also realized in the form of poor conditions in EWS wards, as seen from the reports of the Monitoring Committee. 
Ø  One point that came to the notice of the team while conducting the study was disparity in the income levels displayed at different hospitals. According to the latest SC guidelines, the income level to receive free treatment is Rs.7020/-. Some hospitals, however, have not yet updated this on their Boards. 
Ø  While many EWS patients have benefited from the implementation of this judgment, its full potential is yet to be realized. Lack of awareness among the genuine EWS patients as also general reluctance on the part of several private hospitals are the major road-blocks in attaining absolute success. 
Ø  There is a felt need to increase awareness among the target population with regard to this crucial provision of free treatment. Proactive measures need to be taken to promote confidence of people in such facilities.
We, in Consumers India, have been raising issues relating to the health and well-being of consumers. Now, with the voice of youth on our side, we have appealed  to the Chief Minister of Delhi and others to use their good offices to ensure that immediate and effective steps are taken to enforce this crucial judgment in letter and spirit.
Full text of the letter sent to the Chief Minister of Delhi as also extracts from the Study Report prepared by interns may be seen on our Blog as per following link:
Other related posts may also be seen on our blog as per following link:
I request you to kindly share it with your friends and associates so that more and more people take advantage of the above mentioned judgment of Supreme Court. The battle is half won if consumers are aware and assert their rights.
With best wishes,
Dr (Mrs)Jayashree Gupta, President, Consumers India
& Chairperson, Human Rights Group,
SUM, An NGO in Special Consultative Status with the Economic and Social Council of United Nations,
Former Additional Secretary to Government of India &
Chairperson & Managing Director
Indian Drugs & Pharmaceuticals Limited, A Govt. of India enterprise

E 7/16, Vasant Vihar, New Delhi 110057
Tel: 91-9871950011 (Mobile)
E mail : jayashreehrg@yahoo.com
Blog: drjayashreegupta.blogspot.com
at