7 months ago
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The Supreme Court connected October 13, 2025, summoned the elder wellness officials of 28 States and Union Territories to chastise them for adopting a “casual approach” towards its bid connected azygous guidelines for diligent absorption successful infirmary intensive and captious attraction units (ICUs and CCUs) by October 5.
Noting that respective States had either failed to comply oregon submitted their reports good past the deadline, a Bench of Justices Ahsanuddin Amanullah and N. Kotiswar Singh expressed displeasure implicit the delay. “It is present clip for this tribunal to instrumentality superior cognisance of the casual attack displayed by the States,” the Bench remarked.
Issuing notices to the Additional Chief Secretary oregon the senior-most authoritative handling the Health portfolio successful each defaulting State and Union Territory, the Bench directed them to look personally earlier the tribunal connected November 20 with “personally affirmed amusement origin affidavits” explaining wherefore enactment should not beryllium taken against them for their laxity.
‘No excuses’
The tribunal made it wide that nary justification for lack would beryllium entertained. “The officers who person been directed to look shall not mention immoderate excuse, including anterior engagements oregon authoritative commitments, which shall beryllium rescheduled to springiness precedence to this order,” it said.
Cautioning against further delay, the Bench warned that “if determination is non-compliance oregon casual compliance by the adjacent date, the tribunal volition instrumentality a strict presumption against specified States and their officers.”
Appearing for the Union government, Additional Solicitor General Aishwarya Bhati informed the Bench that contempt its September 18 order, a fig of States and UTs were yet to record their responses. The defaulters are: Gujarat, Jharkhand, Madhya Pradesh, Mizoram, Arunachal Pradesh, Odisha, Rajasthan, Sikkim, Tamil Nadu, Uttarakhand, West Bengal, Delhi, Jammu and Kashmir, Ladakh, Chandigarh, Lakshadweep, Andaman and Nicobar Islands, and Dadra & Nagar Haveli and Daman and Diu.
State input needed
Under the court’s earlier direction, the States were required to furnish their responses to a three-member committee comprising Ms. Bhati, advocator Karan Bharioke, who was assisting the tribunal arsenic amicus curiae, and Dr. Nitish Naik of AIIMS. The sheet was tasked with collating and reviewing the submissions to hole a consolidated report.
During the proceedings, the committee informed the tribunal that the mentation of the guidelines for admission, treatment, and discharge from ICUs and CCUs was not imaginable till each States taxable their responses.
On August 19, the apical tribunal had noted that though the Centre had formulated exemplary ICU/CCU guidelines successful 2023, they could not beryllium implemented without the recommendations of the States, since wellness is simply a State subject. Accordingly, it had directed the States to place parameters that are some universally applicable and tailored to the circumstantial needs of hospitals serving section populations oregon treating peculiar aesculapian conditions. To find these factors, the tribunal had instructed the States and UTs to clasp consultations with each stakeholders, including backstage healthcare institutions, done State-level oregon determination conferences.
Medical negligence case
The bid was passed successful a 2015 petition arising retired of a aesculapian negligence lawsuit instituted by Asit Baran Mondal seeking compensation for the decease of his woman successful a Kolkata infirmary successful 2013 owed to alleged aesculapian negligence. Subsequently, the Supreme Court successful 2016 recognised that determination are nary guidelines for the attraction of patients successful the ICU/CCU, nor due attraction during operations, oregon during the post-operative stage.
Pursuant to the court’s directions, the Union authorities successful 2023 acceptable up a committee chaired by the Director General of Health Services (DGHS) with a defined mandate to “formulate guidelines for admittance to ICUs and CCUs, supply for palliative attraction of non-salvageable patients withdrawn from ventilator support, and laic down criteria for withdrawal of treatment.” The panel, comprising respective aesculapian experts and practitioners, undertook extended consultations, culminating successful the finalisation of a acceptable of exemplary guidelines successful 2023.
