Ranchi, March 16: The Jharkhand High Court has directed the state government to rigorously implement the Clinical Establishment (Registration and Regulation) Act of 2010.
The court emphasized that while the law exists, its enforcement in Jharkhand remains weak and ineffective. This ruling came during the hearing of a Public Interest Litigation (PIL) filed by Ranchi resident Ranjiv Ranjan.
The court instructed the state government to ensure that no hospital or clinic operates in the state without registration under the Clinical Establishment Act and the Jharkhand State Clinical Establishment Rules of 2013.
Additionally, the High Court ordered the State Council for Clinical Establishment to immediately prepare and update a register of all hospitals and clinics currently operating in the state. The council is also required to send digital information monthly to update the national register and publish an annual report on compliance with the law.
The court further stated that registration-related bodies at the district level should actively monitor and conduct regular inspections of hospitals and clinics. The bench suggested that the government consider forming a team of experts as a ‘flying squad’ to periodically inspect hospitals and clinics to ensure compliance with the law.
During the proceedings, the court noted that before granting or renewing registration to any hospital or clinic, it must be verified that all conditions set forth in the law are met.
Referencing the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations of 2002, the court highlighted that hospitals and doctors must provide medical records within 72 hours upon request by patients or their authorized relatives.
The court instructed authorities to ensure that all hospitals and clinics are informed of this rule and compliance is enforced. The High Court also directed the state’s Director of Health Services to submit a compliance report within four months detailing the steps taken to implement this law and its regulations.
This PIL was filed by Ranjiv Ranjan, who alleged that his father’s death in a private hospital in 2017 was due to medical negligence and pointed out the weak monitoring system of hospitals.
However, the court declined to investigate allegations of personal medical negligence and cybercrime, stating that such matters could be raised before the appropriate legal forums. The court clarified that the petitioner is free to seek compensation or other legal remedies through suitable channels.
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