On Wednesday, the Supreme Court directed major private hospitals in Delhi, government officials, and amici curiae to jointly frame a Standard Operating Procedure (SOP) to ensure effective implementation of free treatment obligations for Economically Weaker Section (EWS) patients. Expressing dissatisfaction over continuing violations by hospitals built on concessional public land, the Court signalled that stricter consequences could follow if institutions continue to deny or discourage poor patients from accessing free OPD and IPD facilities mandated under earlier judgments.
The matter was heard by the Division Bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria while examining compliance reports relating to more than 450 hospitals in Delhi. The amici curiae informed the Court that actual compliance remained significantly below prescribed levels and that recent improvements appeared driven largely by the pendency of Supreme Court proceedings.
Concerns were also raised regarding the treatment meted out to EWS patients at hospital entry points and help desks, prompting suggestions such as CCTV monitoring and structured patient assistance systems. The Court noted that many hospitals had failed to evolve a transparent mechanism despite enjoying public land allotted at highly concessional rates for charitable purposes.
The Bench observed that poor patients approaching hospitals should not be made to feel unwelcome. “Nobody would like to take a day off and go to the hospital unnecessarily,” the Court remarked, while cautioning hospitals against discouraging EWS beneficiaries from seeking treatment. The Bench directed hospital CEOs, Delhi government officials, and amici curiae to convene a joint meeting within 15 days to prepare a workable SOP and compliance framework.
The Court further warned that if hospitals continued violating judicial directions even after being given an opportunity to formulate their own mechanism, “we will take some strict view of them.” It also indicated that persistent breaches could raise questions about whether such institutions should continue enjoying concessional land benefits without fulfilling their public obligations.
The matter has been listed for further hearing on July 29.
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