NEWS SCAN

Expressing dissatisfaction with the state government’s lackadaisical approach towards enacting a law meant to regulate operation of nursing homes, the Bombay High Court Thursday took cognisance of the incident where as many as 19 aborted foetuses were found dumped near a stream at a village in Maharashtra’s Sangli district. It has now directed the government to conduct an inquiry into the incident and submit a report before the court. The Sangli incident came to light after a 26-year-old woman, Swati Jamdade, from Sangli’s Mhaisal village, died following a botched-up abortion, allegedly conducted by a homeopathic doctor Dr Babasaheb Khidrapure at his hospital at Sangli. He has now been arrested.

Taking note of media reports regarding the incident, Chief Justice Manjula Chellur said, “We direct the state government’s public health department to conduct an enquiry on what steps have been taken by the department in this matter.” The court added that looking into the seriousness of the matter, the state should act immediately. A division bench of Chief Justice Manjula Chellur and Justice G S Kulkarni was hearing a public interest litigation filed by a resident of Pune, Atul Bhosle, through his lawyer Yuvraj Narvankar which pertained to non-registration of nursing homes in Pune District and fake degrees obtained by medical practitioners. But during the last hearing, the Court had expanded the scope of the PIL to entire Maharashtra.

The state government, meanwhile, submitted its affidavit in the matter on Thursday, According to the affidavit, the Central government had enacted the Clinical Establishment Act, 2010 which was adopted by Arunachal Pradesh, Himachal Pradesh, Sikkim and Union Territories but was yet to be enacted in the state. “There was opposition from the medical community of Maharashtra for modification of certain clauses. There was also opposition from the non-medical community and patient groups,” added the affidavit. Thereafter the draft Maharashtra Clinical Establishment Act, 2014, has been awaiting Cabinet approval. This act is supposed to regulated private hospitals and nursing homes which is controlled under the Mumbai Nursing Home Registration (Amended) Act, 2006.

“We are not satisfied with the explanation given by the state government for not being able to implement the relevant Act which have been adopted in states like Arunachal Pradesh, Himachal Pradesh etc,” said the court. “The Clinical Establishment Act which is opposed by one community cannot stop the authorities to adopt it especially since it is meant for public interest,” said the Chief Justice. “The authorities should file an affidavit specifying random checks conducted by them of nursing homes operating in the state. It should also inform us whether such homes have licensing and other statutory provisions for running such homes,” said the Bench. It further directed for records of periodical surveys, checks done by the government to ascertain if all nursing homes, hospitals had taken permissions to operate.

As carried in Indian Express on 10.3.17