The Asian Age: Mumbai: Sunday,
August 07, 2016.
The Bombay
high court has issued notice to the state government and asked it to file an
affidavit with information about hospitals in Maharashtra that are running
without a licence.
A division
bench of Justice V.M.Kanade and Justice S.M. Sonak was hearing a PIL filed by
Atul Bhosale, whose father died due to alleged medical negligence in Pune.
According to
the petition, Atul inquired about doctor Sudhir Borkar, who had treated Atul’s
father and found that the doctor had failed in the Diplomat of National Board
(DNB) exam. Atul tied to register an FIR at Indapur police station, Pune, but
the police did not pay attention to him, the petition said.
Atul then
approached the medical superintendent of the hospital, Sadanand Kale. Mr Kale
held an enquiry and registered an FIR against Dr Borkar under various sections
of the IPC and Maharashtra Medical Profession Act.
The
petitioner sought information under RTI as to how many hospitals are registered
under the Maharashtra Nursing Homes Registration Act in the district of Pune.
While there are more than 3,500 hospitals/clinics functioning in Pune district
(excluding Pune city), only 326 hospitals/clinics are registered in the Pune
district.
The petition
alleged the state has no control over these hospitals and units and that there
is no data available with it as to how many hospitals are legal.
The petition
states that the Central government enacted the Clinical Establishments Act 2010
and made strict provisions for registrations and penalties for defaulters.
Though the states like UP, Bihar, Rajasthan, Uttarakhand and Jharkhand have
adopted the said Act, Maharashtra has not adopted the said Act for no reason,
the petition said.
The state
also drafted a bill called Maharashtra Clinical Establishments (MCE) bill 2014.
But it was not introduced in the Assembly and not made a law. The petitioner
said that he made all efforts to bring the lapses and illegalities but they
didn’t give any response to his complaint.
The
petitioner requested the court to direct the state to effectively implement
Maharashtra Nursing Homes Registration Act and pass the MCE bill.
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