New Delhi: The Supreme Court has issued notice on a plea challenging the constitutional validity of provisions of the Kerala Clinical Establishments Registration and Regulation Act and the rules framed under it. The plea questions the legality of mandatory requirements imposed on private hospitals and clinics in the state.
Challenge to Mandatory Display of Fees
At the centre of the challenge is the provision that requires every clinical establishment to publicly display the fee rate and package rate of all services. The Kerala Private Hospitals Association has argued that the Act does not clearly define key terms such as fee rate and package rate, making the provision vague and difficult to implement in practice.
Interim Protection Granted by Apex Court
Along with issuing notice, the Supreme Court directed that no coercive steps should be taken against the petitioners until the next date of hearing. The court noted that similar interim protection had earlier been granted by the Kerala High Court.
Background of High Court Ruling
Earlier, the Kerala High Court had upheld the validity of the Act and the rules, dismissing challenges raised by several doctors’ and hospital associations. The High Court had held that there was no unchecked power given to authorities and had emphasised transparency in healthcare pricing.
Arguments Before the Supreme Court
During the hearing, senior advocate Gopal Sankaranarayanan, appearing for the petitioners, clarified that hospitals were not opposed to providing emergency or life-saving treatment without insisting on advance payment. However, he highlighted concerns over the requirement of permanent registration, which mandates strict compliance with all provisions of the Act.
Opposition to Stay on the Law
Counsel representing a human rights organisation opposed any stay on the operation of the Act, arguing that the law had not been effectively implemented for several years due to repeated legal challenges by private medical bodies.
Court Seeks Government’s Assistance
The Supreme Court sought assistance from the Solicitor General while considering the matter. After hearing all sides, the bench issued notice and directed that hospitals should continue the process of seeking permanent registration, while restraining authorities from taking coercive action until the next hearing.
Key Constitutional Concerns Raised
The plea raises broader constitutional issues, including alleged violations of the right to practise a profession and concerns over privacy. Medical bodies have argued that exhaustive fee disclosure is impractical due to the dynamic nature of medical treatment and that mandatory disclosure of detailed staff information infringes on informational privacy and competitive confidentiality.
