Free Medical Treatment Rule Flouted? Supreme Court initiates Contempt Proceedings against 51 Delhi Hospitals

The Supreme Court has issued contempt notices to 51 private hospitals in Delhi for allegedly failing to provide mandatory free treatment to economically weaker patients, as required under land allotment conditions. The Court warned that continued non-compliance could lead to withdrawal of concessional benefits granted by the Delhi government, sending a strong signal to private institutions operating on subsidised public land.

The action stems from a long-pending civil appeal in which the Court had, in 2018, directed strict adherence to a 2012 Union Government policy mandating 25% free OPD and 10% free IPD treatment in private hospitals allotted land at concessional rates by the Land & Development Office. A recent compliance affidavit filed by the Delhi Government revealed widespread violations and administrative inaction.

The Bench noted that communications to authorities such as the DDA, L&DO and MCD went unanswered, and enforcement efforts were handled in what it termed a “very casually” manner. Hospitals served with notice include Sir Ganga Ram Hospital, BLK-Max Super Speciality Hospital, Fortis Escorts Hospital, Moolchand Khairatiram Hospital, Centre for Sight and Rajiv Gandhi Cancer Institute and Research Centre, among others.

A Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria expressed dissatisfaction with the enforcement mechanism and appointed the Secretary, Department of Health, GNCTD as the Nodal Officer to oversee compliance. Directing all concerned authorities to coordinate with the officer, the Court made it clear, “If any lapses are found on the part of the above offices, it will be the Nodal Officer who shall be responsible to inform this Court and take action.”

The matter now proceeds on contempt consideration, with hospitals required to explain why punitive steps should not follow.

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