A law blocked for a decade: Old imperatives and newer initiatives for regulation of private healthcare
Diverse sections of society need to raise their voices on unaffordable healthcare expenses, and the time to translate existing laws and rules into real change is now, writes Dr Abhay Shukla.
Dr Abhay Shukla
13 January 2025
दर्द का हद से गुज़रना है, दवा बन जाना
(When the pain crosses all limits, it becomes the treatment) – Mirza Ghalib
IN December 2024, another shocking case of violation of patients’ rights and huge financial demand by a private hospital sparked public outrage and media attention.
During this incident in Pune, the family of 35-year-old Tejaswini, who passed away on December 9, 2024, was forced to resort to a hunger strike outside a prominent private hospital to claim the body of their family member.
The family alleged that despite the ₹52 lakh they had already spent on her treatment, the hospital withheld Tejaswini’s body for an entire day demanding an additional ₹12 lakh. This triggered a hunger strike by the family and community members outside the hospital, asking for the body to be handed over and condemning what they called “heartless and insensitive” behaviour.
Such incidents, where families of patients are exploited in moments of vulnerability, have become alarmingly common across India, and such experiences were further highlighted during the COVID pandemic.
The family alleged that despite the ₹52 lakh they had already spent on her treatment, the hospital withheld Tejaswini’s body for an entire day demanding an additional ₹12 lakh.
They expose the urgent and unfulfilled need for effective regulation of private healthcare— which remains an unrealised agenda despite the enactment of the Clinical Establishments Act, 2010 and related Rules (2012) more than a decade ago.
The unfulfilled legal promise: Clinical Establishments Act, 2010
Since health services come under the purview of state governments in India, the Parliament does not usually make laws on this subject. However, two or more state governments can ask Parliament to pass a law on the concerned area, which other states can later adopt.
Given this context, in 2010, in pursuance of Clause (1) of Article 252 of the Constitution, resolutions were passed by the states of Arunachal Pradesh, Himachal Pradesh, Mizoram and Sikkim, requesting Parliament to regulate clinical establishments, towards ensuring minimum standards for healthcare facilities and services.