Excelsior Correspondent
Srinagar, Dec 7: The High Court in order to eradicate and remove the ‘medical corruption’ in both UTs has directed the Government to provide wide publicity to Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and take effective measures for implementation of the regulations on ground and report every month to the court about the steps taken.
Hearing the Public Interest Litigation about the menace of medical corruption as it exists in several ways like exorbitant price charging of the drugs sold in the market; the sale of medical supportive tools and implants on highly exorbitant rates; and the allied medical practices like unnecessary referrals of the patients to unnecessary medical examination and diagnostic tests without there being any such actual need, the Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur directed the Financial Commissioner Health & Medical Education Department to implement the IMC regulations of 2002 on ground and give it the wide publicity for awareness of general public.
During the pendency of the instant PIL, the Court added, that there is a well-established mechanism that deals with the issues raised in the PIL and the only missing link appears to be the ill-awareness of such mechanism among the general public because of little or no publicity of the same, besides, of course, the lack of effective implementation of the said mechanism on ground.
Court said the violations reported must be dealt with stringently and the general public must be made aware of the action taken in case of defaulters so that a message goes to one and all that the laws are not meant to be eroded but to be followed only.
“Although the proceedings of the PIL are closed, but the court would continue to keep an eye on the effective implementation of the laws on the subject and the Authorities would be required to send a report on monthly basis to the Registry of this Court, about the steps taken in the matter detailing out the complaints addressed to it by the public, the action taken pursuant to such complaints etcetera”, read the judgment.
A letter addressed to the Prime Minister by one G S Grewal, president of Punjab Medical Council and an article which was published in a news paper in 2016 was treated as PIL by the Court.
The Court, while taking into account the above two articles, took cognizance of the matter and directed the Registry for placing the matter before the then Chief Justice in terms of Rule 24(8) of the Writ Proceeding Rules of 1997 for initiating suo moto action in the matter and on the directions of the Chief Justice.
The Government filed their detailed response indicating therein the mechanism adopted for dealing with the corrupt practices and the exorbitant sale of drugs and the allied issues. The Medical Council of India, has filed its affidavit accompanied with the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, for short Regulations, which prescribes many mechanisms to deal with almost all the issues like “Use of Generic names of drugs; Highest quality assurance in patient care; Obligations to the sick; Unnecessary consultations; Consultation for Patient’s benefit; Fees and other charges; Rebates and Commission; Code of Conduct for doctor and professional association of doctors in their relationship with pharmaceutical and allied health sector industry-relating with gifts, travel facilities, hospitality, cash and monetary grants” raised in this PIL.
Court already in its one of the orders had exhaustively noted down the provisions of the IMC Regulations and directed the Government of Jammu & Kashmir to take effective steps to ensure adequate and effective publicity to the public at large with regard to the medical provisions as well as machinery provided under these Regulations for taking action against the doctors who do not comply with the requirements thereof. The respondents were directed to ensure adequate publicity of the issue in the print as well as electronic media.
Court after the perusal of responses and affidavits filed by the authorities said, the authorities appear to have taken considerable steps in the matter since the time the court has shown its indulgence.
“The concern of the court is to see that the hardships faced by the general public on account of medical malpractices is taken care of effectively and a stringent course is provided for dealing with any unethical, and unprofessional omissions or commissions of the medical fraternity”, court recorded.
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