Delhi High Court intervenes after a 12-year-old boy was denied ICU in government hospitals, directing free EWS treatment in a private hospital to ensure timely medical care.
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NEW DELHI: The Delhi High Court has taken suo motu cognizance of a distressing case where a 12-year-old boy, critically injured after falling from the first floor of his home, was denied admission to government hospitals due to a lack of ICU beds.
The Incident
The boy’s family, belonging to an economically weaker background, reportedly rushed him to multiple government hospitals, including Safdarjung Hospital. Despite his critical condition, no ICU bed was available. Left with no option, the family managed to get him admitted to Shree Aggarsain International Hospital, Rohini, a private facility.
The child’s father, a daily wage tailor, was unable to bear the heavy cost of treatment in a private hospital, a reality faced by countless low-income families in the city when medical emergencies arise.
Court’s Observations & Directions
A division bench comprising Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora immediately intervened. Recognizing the gravity of the issue, the Court directed that the boy be treated under the Economically Weaker Section (EWS) quota at the private hospital.
Importantly, the Court clarified that no payments were to be demanded from the family until the next hearing. While the bench initially considered transferring the child to a government hospital, it decided against it after being informed that his condition had begun improving under ongoing treatment.
The Court also issued specific directions to ensure seamless communication:
- The hospital CEO was informed by counsel representing the Delhi Government.
- The court registry was directed to email the order to the hospital directly.
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Senior counsel and amicus curiae Ashok Agarwal pointed out a systemic problem: despite legal obligations, many private hospitals fail to extend EWS benefits to patients in need. The bench observed that this issue requires detailed examination in upcoming hearings.
The matter is now scheduled for September 2, 2025, when the Court is expected to take up the broader issue of private hospitals’ compliance with EWS obligations.
Case Title:
COURT ON ITS OWN MOTION versus UNION OF INDIA AND ORS.
W.P.(C) 13274/2025
READ ORDER HERE