PIL on Hospitals Built on Govt Land Ignites Debate
The Supreme Court has issued notices to the Union Government, States, and Union Territories over private hospitals denying free treatment to Economically Weaker Section (EWS) and Below Poverty Line (BPL) patients despite availing government land and concessions.
Activist Flags Nationwide Violations
The PIL, filed by Magsaysay Awardee Sandeep Pandey, alleges systemic non-compliance across Delhi, Maharashtra, Haryana, Odisha, Telangana, West Bengal, and other states. The plea highlights that many hospitals, allotted land at concessional rates or given extra FSI, were obliged to reserve 10% of inpatient beds and 25% of OPD services for free treatment—but continue to flout rules.
Audit Reports Reveal Alarming Data
The petition cites several damning reports:
- Maharashtra CAG Report: Out of 113 trust hospitals, only 11 were audited; major hospitals like Bombay Hospital, Lilavati, Saifee, and Hinduja violated FSI-linked obligations. Funds meant for indigent patients were underutilised or diverted.
- Delhi: Despite the 2007 Social Jurist v. GNCTD judgment mandating strict compliance, defaults persist in hospitals like Indraprastha Apollo.
- Haryana: A 2018 committee found one hospital provided free care to just 118 out of 64,000 patients.
- Odisha: Hospitals received land worth ₹45.68 crore at concessional rates but failed to meet free-treatment norms; six promoters even diverted land for commercial use.
Call for Strict Enforcement Mechanism
The petitioner urged the Court to:
- Ensure uniform enforcement of free-treatment obligations.
- Constitute state-level monitoring authorities with auditing powers.
- Create a real-time digital dashboard showing free bed availability.
- Recover monetary value of denied treatment and cancel land allotments for repeat violators.
- Prevent segregation or discriminatory treatment of EWS patients.
Right to Healthcare Under Article 21 at Stake
The PIL argues that failure to enforce obligations violates the Right to Life (Article 21) and breaches public trust, as valuable government land was granted in exchange for public service commitments.
Court Seeks Replies
Taking note, the bench led by CJI B R Gavai sought responses from the Centre, States, and UTs. The Court also recalled a recent case where it had directed authorities to verify if Indraprastha Apollo Hospital had complied with EWS free-treatment obligations in the past five years.
