Delhi Health Bill Being Finalised; Directions Issued To Bring Uniformity In Functioning Of Path Labs: Govt To High Court

The Delhi Government has told the High Court that while Delhi Health Bill 2022 awaits finalisation, it has issued directions to all pathological labs to bring uniformity and standardisation in their functioning.

Responding to a PIL against unauthorised pathological labs being run by unqualified technicians in the national capital, the Delhi Government submitted that the Bill will be finalised after incorporating suggestions proposed by the department of Law, Justice and Legislative Affairs.

Thereafter, the bill will be placed in public domain for inviting suggestions and comments. Once the feedback is examined, necessary changes will be made and then the amended bill be placed before the Council of Ministers. Once the bill is approved by the Cabinet, it will be then sent to the Lieutenant Governor for approval. After his approval, the bill will be placed before the assembly for enactment.

"It is respectfully submitted that the Respondent Department has been actively taking steps in furtherance of the drafting, finalisation and enactment of the Delhi Health Bill, 2022," reads the supplementary affidavit filed by Delhi Government's department of Health and Family Welfare.

The Bill provides for regularisation of clinical establishments rendering services in recognised systems of medicines in Delhi.

On May 30, the court had directed Delhi Government to expedite the process of finalisation of the said bill. It had said that if the process is likely to take a long time, the government must consider implementation of the Clinical Establishments (Registration and Regulation) Act, 2010 in the meantime.

In this backdrop, the response states that the Act read with its Schedule makes it clear that the enactment is not applicable to the national capital.

"It is pertinent to note that at Serial No. 3 of the said Schedule, the Delhi Nursing Homes Registration Act, 1953 is enumerated which is the Act that is in force within the territory of the NCT of Delhi. It is therefore submitted that a reading of Section 56 of the Act read with the Schedule indicates that it is not applicable to the NCT," it adds.

The PIL was moved by one Bejon Kumar Misra in 2018 seeking directions to the Delhi government to formulate a robust policy for regulating functioning and opening of pathological laboratories in the city and also to constitute appropriate authority for regular checking of such labs.

The petition also called for strict implementation of the Clinical Establishment (Registration and Regulation) Act of 2010 in the national capital.

"As per the report published in an English daily, nearly 1,000 diagnostic labs are existing in Delhi NCR out of which only 10% are accredited by NABL," the PIL claimed.