Free Treatment Denied To EWS, Supreme Court Issues Contempt Notice To 51 Delhi Hospitals

The Supreme Court has issued a contempt notice to 51 hospitals in Delhi for not complying with the court’s order dated July 9, 2018, which mandated providing free treatment to people from the economically weaker section (EWS). These 51 private hospitals include Moolchand Khairatiram Hospital, Sir Ganga Ram Hospital, Rajeev Gandhi Cancer Institute and Research Centre, Indian Spinal Injuries Centre, National Heart Institute, Max Super Specialty Hospital, Guru Harkishan Hospital, Fortis Escort Hospital, Ayushman Hospital and Health Services, VIMHANS Hospital, Sita Ram Bharti Hospital, among others. 

These hospitals will now have to reply to the notices, explaining why they didn’t follow the court’s order despite enjoying the subsidised-rate land allotment for their operations. The court has also asked the hospitals to show cause as to why contempt proceedings should not be initiated against them and the subsidised rate should not be withdrawn. 

The order was recently passed by the bench, comprising Justice Prashant Kumar Mishra and NV Anjaria, pertaining to miscellaneous applications filed by the government (Union of India) against the hospitals, and the Delhi Development Authority (DDA).

Notably, in 2018, the court directed private hospitals that had been allotted concessional-rate land to comply with the free treatment norms in accordance with the Union government’s order dated February 2, 2012. The 2012 order directed such hospitals that receive land allotment at a concessional rate from the Land & Development Office (LDO) to provide free treatment to people belonging to the EWS category. It stipulated free treatment for the outpatient department (OPD) and inpatient department (IPD) to 25 per cent and 10 per cent, respectively. 

However, over time, hospitals ignored this stipulation. 

The court noted the violation of the 2018 order by the hospitals and also that the authorities had not taken any effective action against the violators. In the latest hearing, the court noticed that the Delhi government has asked the authorities, including DDA, LDO, and Municipal Corporation of Delhi (MCD), but has not received any reply.

The court said: “It further appears to us that the letters issued by the Government of National Capital Territory of Delhi are not responded to or acted upon by the above mentioned authorities, and the entire proceedings are taken very casually.”

The court has now appointed a nodal officer, the Secretary of the Department of Health, Delhi Government who has been given power “to take all such measures and actions against the erring hospitals; and all the authorities/departments”. In case of any lapses, the nodal officer is responsible for informing the court and taking action against the agencies and the hospitals.