Centre's law to regulate clinical establishments, Delhi HC lauds move

New Delhi: In a significant move towards enhancing healthcare standards in the national capital, the Delhi High Court has lauded the decision of the Delhi health minister and health secretary to enforce the central government statute - 'The Clinical Establishments (Registration and Regulation) Act, 2010 - to oversee clinical facilities.

This development comes as a response to a persistent demand for regulatory measures in the healthcare sector.  

The Delhi government has informed the high court of its intent to forward the Delhi Health Establishments (Registration and Regulation) Bill to the Government of India for necessary approval. Meanwhile, the administration has committed to implementing the central government's statute within Delhi, pending formal approval.

In the meantime, the central government's statute will be implemented in Delhi, it said.  

"They have further agreed that during the interregnum the Clinical Establishments (Registration and Regulation) Act, 2010 shall be adopted in the NCT of Delhi in compliance to a 2023 letter of government of India and a 2022 order passed by the high court," a bench of Acting Chief Justice Manmohan and Justice Manmohan PS Arora said.

The high court's disposition of a 2018 petition filed by Bejon Kumar Misra, represented by advocate Shashank Deo Sudhi, marked a significant milestone. The petitioner had raised concerns about the proliferation of unauthorized laboratories and diagnostic centers in Delhi, staffed by unqualified personnel and potentially compromising patient care.

"Accordingly taking note of this decision of the minister and the secretary, the petition is closed," the bench said and made it clear that the law will be implemented within two weeks.

The court's intervention on March 21, where it cautioned Health Minister Saurabh Bharadwaj and Health Secretary SB Deepak Kumar of potential legal consequences for non-compliance, underscored the seriousness with which the issue was addressed. The judiciary reiterated that government officials are obligated to adhere to judicial directives, emphasizing their responsibility as public servants.

The bench had said the minister and the secretary were "servants of government" and can't have "large egos".

The petitioner had argued before the court that pathological labs in the city were unregulated and posed a threat to the lives of citizens.

The plea said, "Such illegal labs continue to mushroom in and around Delhi-NCT and it can be easily estimated that the total number of such illegal pathological and diagnostic labs can be anywhere between 20,000 and 25,000, and every street in the capital has such illegal pathological labs", reports news agency PTI.