Claiming to be Champion Of Healthcare Facilities, Tamil Nadu is Expected To Effectively Monitor Paramedical, Clinical Establishments: HC

The court directed the State Health Department to initiate all effective measures to ensure standard medical facility to all the citizen of the country, and indicated stringent measures against the illegalities and irregularities in establishing clinical establishments and its function.

Justice S.M. Subramaniam was hearing a petition filed by the Tamil Nadu Medical Laboratories Association. The petitioner, represented by its President T Kannan, was seeking direction to the Principal Secretary of the Health and Family Welfare Department, Government of Tamil Nadu, to address their representation and to constitute Tamil Nadu State Paramedical Council by an Act to regulate the filed of Paramedicals.

The petitioner Association raised concerns about unqualified individuals endangering lives in clinical establishments, prompting the enactment of the Clinical Establishments (Registration and Regulation) Act, 2010. The government introduced the Clinical Establishments (Registration and Regulation) Act, 2010, to set standards for healthcare facilities. According to Section 8 of the Act, each state should form a State Council for clinical establishments. However, Tamil Nadu didn't create the required paramedical council within the specified six months. This delay led to the filing of the current petition.

In response, Kumerasan, the learned Additional Advocate General for the government, asserted that a notification, published on December 15, 2023, paved the way for the constitution of the State Council under the National Commission for Allied and Healthcare Professions Act, 2021. The state also informed that eligible members would be appointed within two months.

Despite the delay in framing rules, the court emphasized the government's responsibility to enforce the law diligently, especially given Tamil Nadu's claim to champion healthcare facilities. Kumerasan assured the court that the Rules had been framed, the Council's commencement was imminent, and steps were taken to appoint its Chairman and Members.

The court further underscored the stringent measures outlined in the Act, including penalties for contraventions, with Section 59 prescribing imprisonment and fines. It observed;

"Section 56 deals with Offences and Penalties. Importantly Section 59 stipulates "Whoever contravenes any of the provisions of this Act or any rules or regulations made thereunder shall be punished with imprisonment which shall not be less than one year but which may extend to three years or with fine which shall not less than one lakh rupees or with both"."

The court also emphasized the paramount importance of upholding the citizen's Fundamental Right to health under Article 21 of the Constitution. It noted;

"The Scheme of the Act would indicate that stringent measures are to be taken against the illegalities and irregularities in establishing clinical establishments and its function. Health being an integral part under Article 21 of the Constitution of India and the Fundamental Right of a Citizen, the State is duty bound to ensure quality medical treatments are provided to the Citizen by all the clinical establishments across the State of Tamil Nadu."

Addressing the petitioner's allegations of unqualified staff, substandard machinery, and the use of contaminated medical equipment, the court directed the government to appoint the Chairman and Members of the Council within two months. It mandated the Council to conduct periodic inspections to ensure compliance with prescribed standards. It said;

"The Committee constituted shall with the assistance of the competent authorities conduct periodical inspections in the Clinical Establishments across the State of Tamil Nadu and ensure that the qualified technician and employees are working in such Clinical Establishments and the medical services are provided in accordance with law and in the prescribed standards as contemplated under the Act and Rules"

The court concluded by highlighting the need for immediate actions against violations and set a compliance reporting date of April 2, 2024. It said;

"In the event of an illegality, violations, offences, etc., immediate actions are to be initiated by invoking the provisions of the Act and the Rules and by following the procedures as contemplated. All effective measures are to be initiated by the 1st respondent to ensure standard medical facility to all the citizen of our great Nation. With the above said directions, this Writ Petition stands disposed of. No costs. Registry is directed to post this matter on 02.04.2024, under the caption "For Reporting Compliance"."

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