Allahabad High Court Seeks Govt Response On Enforcement Of Clinical Establishments Act, 2010

"As per mandate of article 47 of the Constitution of India, it is the duty of the State to raise the level of nutrition, the standard of living and to achieve improvement in public health.

…We deem it appropriate to direct the Principal Secretary of the Government of Uttar Pradesh, Medical and Health Services to respond the writ petition by way of an additional affidavit with regard to implementation of the Act of 2010 and the rules framed therein," a Bench of Chief Justice Govind Mathur and Justice Siddhartha Varma said.

The Court was hearing a PIL filed by Vivek Singh Chakravarti, aggrieved by non-maintenance of register of clinical establishments in his district.

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The Bench observed that register of clinical establishment has to be maintained compulsorily as per the Act of 2010. "If such a register has not been maintained then that is a serious lapse on the part of the State was there," it said.

It further noted that Chapter 3 of the Act of 2010 provides for registration and standards of clinical establishments and according to it the State Council of clinical establishments shall regulate all the performance of clinical establishments including their registration.

The Bench has also asked the CMOs and Health Officers of Etawah and Mainpuri to file affidavits about implementation of all the provisions within their jurisdiction in the district concerned.

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Last year, the Patna High Court had directed the closure of all establishments such as Pathological Laboratories/Diagnostic Centres/ Clinics/ Nursing Homes which were developed without compliance of the provisions of the Clinical Establishment Act, 2010.

It emphasised that the State did not taken any action in enforcing the provisions of law, which the State is duty bound to do when it is a settled principle of law that right to medical health is a constitutional right.

Case Title: Vivek Singh Chakravarti v. Union of India & Ors.

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