SC upholds govt order on free treatment to poor

The Supreme Court has held that asking private and charitable hospitals built on land given on concessional rates to provide free treatment to poor patients cannot be called a restriction on the medical profession.

"The hospitals nowadays have five-star facilities. The entire concept has been changed to make commercial gains. They are becoming unaffordable. The charges are phenomenally high and at times unrealistic to the service provided. The dark side of such hospitals can be eliminated only by sharing an obligation towards economically weaker sections of the society," a bench of justices Arun Mishra and Uday Umesh Lalit said.

The court noted that the benefits of various welfare schemes hardly reach the poor in spite of all efforts and the economic disparity is writ large and still persists.

"The poor cannot afford such treatment and thus in lieu of holding land from government at concessional rate and enjoying huge occupancy benefits, the hospitals can be asked to impart free treatment," the bench said.

The top court upheld a Delhi government order issued on February 2, 2012 directing hospitals which have been provided land from the government to give free treatment for 25% out-patients and 10% for indoor patients from the economic weaker sections of the society.

The court reminded the hospitals that the object of medical activity and its professionals included ensuring proper treatment of people from economically weaker sections.

The court rejected contentions made by Moolchand Hospital and St Stephens Hospital here that they were provided land for charitable purpose which was not open to impose such riders by executive orders.

"It would be almost inhuman to deny proper treatment to the poor owing to economic conditions and when hospitals claim they were doing charity at their own level, we find the order of February 2, 2012 simply an expression to the said activity in a channelised form," the bench said.