Right to Health

Case Name and Number: Medical Negligence (Private Clinics) Case, Writ Petition No. 624/2006
Parties: Ain o Salish Kendra Vs. Government and others
Court: High Court Division of the Supreme Court
Judges: Justice Syed Muhammad Dastagir Husain, Justice Md. Ashfaqul Islam
ASK’s Role: Petitioner
Conducting Lawyer: Md. Nizamul Huq, Abu Obaidur Rahman
Subject Matter: Private clinics have been mushrooming across the country for providing medical services to the people. According to the Medical Practice and Private Clinics and Laboratories (Regulations) Ordinance, 1982 the Director General of Health Directorate will monitor the services of those clinics. But due to absence of proper monitoring private clinics are involved in various fraudulent and irregular practices. In 2005 about 65 people died for fraudulent practice in private clinics. After investigation it has been found that most of the private clinics are not properly equipped and there is no authorized doctor and nurses and they are conducting major operations without essential arrangements. This case was filed against the failure of concerned authorities to perform their respective functions and legal duties to ensure proper monitoring of the private clinics under the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982.
Court’s Response: The Court issued a rule nisi upon the Government on January 29, 2006 as to why their failure to ensure compliance with the Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982 in relation to Section 8, 9, and 11 as violative of fundamental rights under Article 27, 31, 32 of the Constitution and as to why they should not be directed to discharge their legal duties to ensure compliance with the Ordinance by taking appropriate steps under Section 8, 9, and 11 of the Ordinance. Pending hearing of the rule nisi, court directed the Director General of Health to ensure compliance of the above-mentioned Ordinance.
Current Status: The case is pending for final hearing.
ASK Contact: Abu Obaidur Rahman, Senior Coordinator, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net