SUMAN K SHRIVASTAVA
Ranchi, March 16: The Jharkhand High Court on Monday directed the state government to strictly implement the Clinical Establishments (Registration and Regulation) Act, 2010, observing that although the legal framework exists, its enforcement in Jharkhand has remained weak and ineffective.
A division bench of Chief Justice M.S. Sonak and Justice Deepak Roshan issued the directions while disposing of a public interest litigation (PIL) filed by Ranchi resident Ranjiv Ranjan.
The court asked authorities to ensure that no clinical establishment operates in the state without proper registration under the Act and the Jharkhand State Clinical Establishments Rules, 2013.
State Asked to Update Register of Hospitals
The High Court directed the State Council for Clinical Establishments to immediately:
- Compile and update the State Register of Clinical Establishments
- Send monthly digital returns to update the national register
- Publish annual reports on the implementation of standards
The court also asked authorities to ensure that district registering authorities function effectively and conduct regular inspections of hospitals and clinics.
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Flying Squads for Inspection Suggested
The bench suggested that the state government consider forming expert flying squads to carry out periodic inspections of clinical establishments to check compliance with the law.
The court said authorities must also ensure that conditions for registration under the Act are fulfilled before granting or continuing registration.
Hospitals Must Provide Medical Records Within 72 Hours
Referring to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, the court emphasised that hospitals and doctors are legally required to provide medical records to patients or authorised attendants within 72 hours of request.
Authorities have been directed to inform all clinical establishments about this obligation and ensure compliance.
Compliance Report Sought in Four Months
The court directed the Director of Health Services to file a compliance report within four months, detailing steps taken to implement the Act and rules across the state.
PIL Filed Over Medical Negligence Allegations
The PIL was filed by Ranchi resident Ranjiv Ranjan, whose father died at a private hospital in 2017. The petitioner had alleged medical negligence and a lack of regulatory oversight of hospitals.
However, the court declined to examine the personal allegations of negligence and cybercrime in the PIL, saying such issues involve disputed questions of fact and can be pursued before appropriate legal forums.
The court clarified that the petitioner is free to approach the appropriate forum to seek compensation or pursue other legal remedies.