The Supreme Court has directed state governments to take a policy call on curbing unreasonable charges and exploitation of patients in private hospitals ¹. A Bench of Justices Surya Kant and N Kotishwar Singh emphasized that policy-makers are best equipped to formulate guidelines to safeguard patients while ensuring private entities can still operate in the health sector.
The Court acknowledged that providing medical facilities is a fundamental aspect of the right to life under Article 21 of the Constitution. However, it also recognized that states have struggled to build sufficient medical infrastructure, leading to the growth of private healthcare institutions.
The Court’s decision came in response to a Public Interest Litigation (PIL) plea that alleged private hospitals were systematically overcharging patients by making them buy medicines and medical supplies from affiliated pharmacies at exorbitant rates.
Key points from the Court’s ruling include:
- States must take a policy call: The Court directed state governments to consider the issue and take appropriate policy decisions.
- No mandatory directions: The Court decided not to issue mandatory directions, which may hamper the growth of private hospitals.
- Sensitizing state governments: The Court emphasized the need to sensitize state governments about the problem of unreasonable charges and exploitation of patients in private hospitals.
The Supreme Court’s decision aims to strike a balance between protecting patients’ rights and promoting the growth of private healthcare institutions in India.
The Court, therefore, directed all States to take a policy call on this issue.
“It may not be advisable for this Court to issue mandatory directions which may hamper the growth of hospitals in the private sector; but parallelly, it is necessary to sensitize the State Governments re: the problem of unreasonable charges and exploitation of patients in private hospitals. Consequently, we dispose of this Writ Petition with a direction to all the State Governments to consider this issue and take appropriate policy decisions as they may deem fit,” the March 4 ruling said.
