“Patients also have a right to privacy”: SC refuses to hear plea seeking installation of CCTV in hospitals, betterment in health services

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The Supreme Court has refused to hear a plea filed seeking direction to the Government of India Ministry of Health and family welfare for the “betterment of health services across the country”.

A bench of Justice DY Chandrachud and Justice BV Nagarathna asked the petitioner to amend the petition limiting it to the issue of Ayushman Bharat and come back.

Advocate Bharat Swaroop Sharma appearing for the petitioner submitted that the petition is in the larger interest of health issues.

However, Justice Chandrachud said, "we see substance in the petition, there are very important issues in that you have raised regarding Health cardholders, etc. and then you want CCTV Camera in all the Hospitals, these are not police stations and patients also have right to privacy," Justice Chandrachud added.

Concluding the hearing, Justice Chandrachud asked the petitioner to withdraw the petition and file an amended one focusing on the Ayushman Bharat.

"If you'll seek everything how is it going to help," Justice Chandrachud said.

The petition has been filed by the Consumer Protection and Action Committee through Advocate P Sureshan stating that "India's healthcare sector is defined by striking contrasts: while it offers hospitals and universities which are shining examples of progress and are globally-lauded for their innovative contributions, citizens in rural and low-income areas are woefully underserved when it comes to accessing affordable quality healthcare."

The plea further stated, "The present covid19 pandemics has now shown the .immediate requirement of addressing various issues pertaining to the health service. That now it is too late to frame various guidelines by the respondent central government."

The petition had sought the following reliefs:

"a) Direct the respondent Nol to issue immediate directions to the private hospitals to admit all the needy Ayushaman Bharat Health Card holders in for covid19 Treatment.

b) Direct the respondent No 1 to frame guidelines for installing CCTV cameras across all hospitals in the country.

c) Direct the respondents to frame guidelines to have control room across the country to deal with the complaints to redress the grievances of the public with respect to the day to day problem faced by them on. various issues pertaining to health service.

d) Direct the respondent to have a proper frame work for establishing centralised monitoring and controlling system to deal with the availability of all health services across the country like vacant beds, oxygen,,; lifesaving medicines etc.

e) Direct the respondent to frame rules stipulating all the private hospitals across the country to display the charges levied for each health services and proper pun~tive actions for noncompliance of such requirements.

f) Direct the respondent to frame guidelines directing all the modern medicine practitioners to type all prescriptions in English or local languages and also mention the alternative brands of medicine available in the market.

g) Direct the respondent to frame mandatory guidelines for reservlng 50% in all private hospitals for the benefit of economically weaker sections of the sociality.

h) Direct the respondent to frame rules and guidelines for the purpose of controlling and checking of black-m.arketing of essential medinas and oxygen and also proper punitive actions against the violators such as cancelling the license of the sellers and distributors."

Case Title: Consumer Protection and Action Committee Vs. Union of India