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of <h1>Court clarifies Delhi hospitals' obligations for free treatment to indigent patients. Legal action for non-compliance.</h1> <h3>SOCIAL JURIST Versus GOVT. OF N.C.T. OF DELHI and ORS</h3> SOCIAL JURIST Versus GOVT. OF N.C.T. OF DELHI and ORS - TMI Issues Involved:The judgment addresses the compliance of hospitals in Delhi with the conditions of land allotment for providing free treatment to indigent patients, the initiation of contempt proceedings against hospitals allegedly disobeying the court's directions, and the clarification sought regarding the calculation of profits earned by hospitals in extending free treatment.Compliance of Hospitals with Free Treatment Conditions:The petition sought directions for identifying hospitals allotted land at concessional rates for free treatment of poor patients. The court directed hospitals to provide 25% free treatment for OPD and 10% for IPD patients. Hospitals not complying faced legal action. Subsequently, a clarification was sought by the Director of Health Services regarding the application of these directions to hospitals based on their compliance status and operational dates. The court clarified that compliance obligations apply prospectively from the date of the order for hospitals meeting the conditions, and from the date of becoming functional for non-compliant hospitals.Contempt Proceedings Against Hospitals:Allegations of disobedience were raised against three hospitals for not providing free treatment to poor patients despite being named in a government list. The hospitals argued that they were not party to the original petition and had no stipulation in their lease deeds for free treatment. The court noted the lack of impleadment and hearing for these hospitals and acknowledged the need for further arguments on hospitals without stipulations. It concluded that no contempt case was made out due to lack of willful disobedience and dismissed the petition seeking contempt proceedings.Clarification on Profit Calculation for Hospitals:The Director of Health Services sought clarification on calculating profits earned by hospitals not complying with free treatment directives. The court clarified that hospitals failing to comply must repay unwarranted profits from the date of possession of allotted land, with accounts to be scrutinized from two years after possession. The court directed the authorities to determine the possession dates for relevant hospitals for proper scrutiny of accounts.This judgment emphasizes the importance of compliance with land allotment conditions for hospitals in providing free treatment to indigent patients and clarifies the application of directives based on compliance status and operational dates. It also highlights the need for due process in initiating contempt proceedings and provides guidance on calculating profits for hospitals failing to meet free treatment obligations.
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