4 days ago
Clinical Establishments Act: Kerala HC expresses concern over inordinate delay in framing rules
Kochi: High court on Friday expressed deep concern over the inordinate delay in framing rules for conducting inspections in clinical establishments, including govt hospitals, under the Clinical Establishments Act, 2018, and directed the state govt to inform it how soon the process would be initiated.
The court was considering a PIL by G Samuel of Mavelikkara, Alappuzha, and two others, seeking a directive to ensure the effective administration of all govt medical colleges, hospitals, and health centres across the state. The PIL was prompted by the death of a woman following the collapse of an old building at Govt Medical College Hospital, Kottayam, on July 3 and by a recent disclosure by Dr Hariz Chirackal of the Govt Medical College, Thiruvananthapuram, highlighting a severe shortage of surgical equipment at the hospital.
Considering the plea, the bench of Chief Justice Nitin Jamdar and Justice Basant Balaji observed that although the Clinical Establishments Act — covering the registration of clinical establishments and the maintenance of prescribed standards — came into force in 2018, almost seven years have passed and the main functions of the council under the Act remain unguided for want of rules. HC noted that unless standards are ensured, incidents like the one in Kottayam could recur.
by Taboola
by Taboola
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The affidavit filed by health and family welfare department additional chief secretary in response to HC's earlier directive, stated that no rules have yet been framed prescribing the manner of conducting inspections in clinical establishments. Addressing the issue, HC noted that rules also need to be framed for grievance redressal mechanism envisaged under Section 36 of the Act, which allows public feedback to ensure compliance with standards.
Additionally, HC impleaded the Kerala State Legal Services Authority as a respondent in the petition and adjourned the matter to Sept 15 for a detailed hearing.
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