Will Delhi Doctors be left without a Regulatory Council?
Delhi Medical Council
New Delhi: Amid the allegations of mismanagement and irregularities in the functioning of the Delhi Medical Council (DMC), which regulates medical practice in the Capital, the Delhi Government has moved a proposal to dissolve the council, Hindustan Times has reported.
If the proposal gets approval from the lieutenant governor (LG), this will be the first time that the Council would be dissolved since 1998, when the Council came into existence.
Reportedly, recommending the dissolution of the council, the health department has already sent a file titled "Proposal for control of government over Delhi Medical Council under Section 29 of the DMC Act, 1997" to the lieutenant governor, VK Saxena.
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Confirming this, a senior health department official, told Hindustan Times, on the condition of anonymity, "The file has recently been sent to the LG for approval to dissolve the council. Letters have been sent to the DMC in the past asking it to address systematic irregularities in its functioning, particularly regarding the undue extension of the former registrar’s tenure. The allegations of irregularities in managing the council will be investigated and a decision will be taken accordingly."
This development has raised concerns within the Council as several members have called the move politically motivated and as an attempt to "control the body".
The Delhi Medical Council is an autonomous statutory body enacted under the Delhi Medical Council Act 1997 to regulate the practice of the modern system of medicine in Delhi. DMC also ensures that private doctors in the city are following ethical practices.
DMC is the only statutory body in Delhi to handle complaints of medical negligence and professional misconduct in Delhi. It comprises of 25 members including eight elected by around 100,000 registered allopathic doctors in the city, one by the 20,000-member Delhi Medical Association, 10 by medical college faculties, four government nominees and two former officials.
Medical Dialogues had earlier reported that the Delhi Government sought clarifications from the Council regarding the allegations raised against Council President Dr Arun Gupta, Vice-President Dr. Naresh Chawla. After the Delhi Health and Family Welfare Department issued a show-cause notice to the Delhi Medical Council and threatened to take disciplinary action under the Delhi Medical Council Act 1997 including the dissolution of the Council, the Registrar resigned from his post.
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Commenting on the latest developments, the acting president of DMC, Dr. Naresh Chawla said that the council has repeatedly requested the government to appoint a registrar but did not receive any response.
He told HT, "Now we fear that the government is likely to dissolve the council using its power under Section 29... It will be unfair to dissolve the DMC just a few months ahead of the council elections."
Under Section 29 of the DMC Act, 1997, the Government has the power to dissolve the council if it believes that the council or its office-bearers have failed in their duties or exceeded their powers. The Government can appoint registered medical practitioners to carry out the council's functions in its place if corrective action is not taken within a reasonable time.
Dr. Chawla informed that the council had shortlisted Dr. Vijay Dhankar for the post of registrar on March 10 and accordingly his name was submitted to the Government. However, Dr. Chawla said, "No response has been received from the government. At this point, the council is in dire need of filling the post. Due to the vacancy, the council is undergoing many financial and administrative crises."
Due to the absence of a registrar, the council was facing a severe administrative and financial crisis. With the statutory and operational functions of the Delhi Medical Council being at a standstill, the Council is facing pending financial obligations exceeding Rs 2.5 crore. The council has acknowledged the situation, and the draft minutes of a council meeting held recently mentioned that the Delhi Medical Council is undergoing "critical administrative and financial paralysis."
Amid this situation, the Delhi Government is reporting moving a proposal to dissolve the medical council. Commenting on this, a council member told HT, on the condition of anonymity, "We have been verbally told by officials in the Delhi health department that very soon the council will be dissolved, as the file has already been sent to the LG for approval."
"Dissolving the council would only mean that a democratically elected body is being fully replaced by government nominees," a member said.
Another DMC member added, "This move will also affect the public, as the DMC acts against hospitals in cases of negligence. Government control over such a body will also impact its ability to take fair action against city hospitals, most of which are owned by individuals with strong political ties."
Former member of the Council Dr Arvind Chopra, who served from 2006 to 2016, also expressed concern over these developments. He said, "Since the inception of the DMC, the body has never been dissolved by the government, and the same should not happen now, especially when the DMC elections are scheduled to be held later this year in October–November."
