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PIL In Delhi HC Seeking Direction To Audit Accounts Of Private Hospitals In Delhi

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A PIL has been filed in Delhi High Court seeking directions to formulate and constitute committee to inspect and audit the account and management of private hospitals in Delhi.

“Medical profession is regarded as a moral profession and in such critical times of spread of COVID-19, it is of utmost importance that there shall be a lot charity is done for poor and needy people. However, the private hospitals conjointly with the charitable trusts have been misusing funds moulding the law to their own whims and fancies,” said petitioner.

Petition is filed by Advocate Ms Shobha Gupta who alleges that private hospitals are charging exorbitant fees above the normal rates in such critical time. The private hospitals have increased the rates of each bed and other necessities within the premises inclusive of the medicine and medical instruments.

Petitioner contended that such private hospitals are run by various charitable trusts and such trust have memorandum of association whereby they are obliged to adhere to the object of the trust, which is free treatment of poor and needy persons.

Therefore, petitioner seeks directions of the court to issue writ of mandamus to perform auditing of Maxx Hospital, Fortis Hospital, Manipal Hospital, Apollo Hospital and BLK Hospital, Holy Angels Hospital, Primus Hospital and other private hospitals run by charitable trust on free concessional government institutional land in National Capital Territory of Delhi.

Petitioner submitted that the private hospitals are partnered with trust registered under the Societies Registration Act, 1860 and have associated with them for the functioning.

“It is pertinent to note that land is given by DDA solely to the hospitals, however, the hospitals are being run by the so called trusts. It has been specifically mentioned in the object of trust that they would provide free medical aid to the poor and needy out of the funds of the trust and such earring by the trust would be applied to fulfill the objects of the trust,” said the petition.

Right to life enshrined under Article 21 of the Constitution of India includes the protection of health and access to basic health care which cannot be denied to the public on financial grounds. No patient suffering from COVID-19 shall be denied the necessary medical aid on account of financial restraint. That it is a time to come together and considering the humanitarian ground solve the problem. That denial of such patients would result into a severe situation as all other persons in contact will also be contaminated with the same,” stated in the petition.

Petitioner seeks direction to hospitals to render truthful accounts of all the monies received and disbursed at least during the period pandemic.

-India Legal Bureau

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