Supreme Court: Private Hospitals on ‘Subsidized Lands’ Not Keeping Beds for Poor

On Wednesday(10th April),Supreme Court, led by Justices Sudhanshu Dhulia and Prasanna B Varale, voices concern over private hospitals’ failure to honor commitments to the economically weaker sections.

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Supreme Court: Private Hospitals on 'Subsidized Lands' Not Keeping Beds for Poor

NEW DELHI: On Wednesday(10th April),The Supreme Court expressed its concern over private hospitals failing to fulfill their commitments to the economically weaker sections of society. This sentiment was articulated during a session presided over by Justices Sudhanshu Dhulia and Prasanna B Varale. The bench was deliberating on a petition that challenges the imposition of uniform rates for ophthalmological procedures across the nation.

During the hearing, Justice Dhulia pointed out a recurring issue with private healthcare establishments.

“These private hospitals often commit to reserving at least 25 percent of beds for Economically Weaker Sections when obtaining subsidized land, but this promise is seldom fulfilled. This discrepancy has been observed on numerous occasions.”

– he stated.

The petition under consideration was brought forward by the All-India Ophthalmological Society, which argued against the feasibility of standardizing procedure rates without considering the geographical and economic diversity of the country. Represented by Senior Advocate Mukul Rohatgi and Advocate B Vijayalakshmi Menon, the society posited that the expertise and operational costs in metropolitan areas significantly differ from those in remote villages, thus necessitating a variable pricing model.

Supreme Court: Private Hospitals on 'Subsidized Lands' Not Keeping Beds for Poor

Recognizing the societal impact and wider implications of the petition, the bench opted to engage the Attorney General in further deliberations. The case is scheduled for further review on April 17, underscoring the court’s acknowledgment of its potential effects on healthcare affordability and accessibility across various regions.

Justice Dhulia, reflecting on the complexity of the issue, questioned the premise of the challenge to the policy.

“Is it acceptable to challenge a policy like this? Think about it—healthcare in the northeast is quite inexpensive, and this could have a big impact.”

– he remarked.

CASE TITLE:

All India Ophthalmological Society and anr vs Union of India

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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