Case BriefsHigh Courts

Bombay High Court:  A Division Bench of Dipankar Datta, CJ and Sarang V. Kotwal, J., took up a matter highlighting the concern regarding the inflated charges for Personal Protective Equipment Kits (PPE) by private hospitals and nursing homes.

Petitioner raised the concern that in view of the pandemic, private hospitals and nursing homes have been charging for Personal Protective Equipment Kits on a cost more than the procurement costs.

In view of the above stated concern, petitioner sought a direction for imposing a cap on the prices of PPE Kits charged to COVID/NON-COVID patients in private hospitals and nursing homes.

P.P. Kakade, Government Pleader a/w Nisha Mehra, AGP for State.

Ish Jain a/w Kiran Jain a/w Amruta Thakur for respondent 4.

Therefore, Court directed the parties to file affidavit stating their responses after which on 07-08-2020, the present PIL will be taken up for further consideration. [Abhijit K. Mangade v. State of Maharashtra, 2020 SCC OnLine Bom 827, decided on 28-07-2020]

COVID 19Hot Off The PressNews

MHA writes to States:

  • Any restrictions on the movement of medical professionals and para-medical staff can lead to severe constraints in rendering COVID and non-COVID medical services. As such, ensuring unhindered movement of all such medical professionals is essential for meeting public health requirements and saving precious human lives.
  • At many places, private clinics and nursing homes are also reported to have not been allowed to open. Functioning of these medical facilities, which supplement the regular medical infrastructure, and relieve the burden on hospitals, is also crucial. States and UTs have been urged to ensure that such clinics and nursing homes continue to function without any hindrances.
  • All States and UTs should ensure that their officials allow smooth movement of all medical professionals, nurses, para medical, sanitation personnel and ambulances, and ensure the opening of all private clinics, nursing homes and labs with all their medical professional and staff. Such movement shall also be facilitated inter-State, wherever required.

Click here to see Official Communication regarding Movement of Medical Professionals


Home Secretary, Government of India

Dated:11-05-2020

Case BriefsSupreme Court

Supreme Court: In the petition dealing with the welfare of the mentally ill persons, the Court said that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 postulates a dispensation mandating the appropriate Government to establish institutions for the care of mentally challenged persons and maintenance and management thereof with a view to create an equal opportunity and social security to them.

In the present case, inadequate medical treatment, medical services and access to Doctors, skewed ratio of staff to look after the inmates, overcrowding, poor distribution and consumption of dietary, clothing, bedding and other items and also about the abuses of various kinds to the mentally challenged persons residing in the mental asylums and nursing homes, was highlighted.

The Court said that the Central/State Coordination Committee is primarily responsible for ensuring compliance of the mandate regarding the infrastructure and other facilities to be provided in the Homes established under the 1995 Act and also for overseeing that the same are properly maintained from time to time and comply with the policies and programmes designed for achieving equality and full participation of persons with disabilities. The provisions of the 1995 Act provide for checks and balances for which hierarchy of Authorities have been created to ensure that persons with disabilities are provided with opportunity of full participation and equality in the region. The bench of T.S. Thakur, CJ and A.M. Khanwilkar, J said that the six months’ time frame given to the Central Coordination Committee and the concerned State Coordination Committee is sufficient to enable them to take necessary remedial measures and ensure that deficiencies in the respective institutions established under the 1995 Act are cured within such period.

The Court added that the Secretary of the Union of India, Ministry of Health and Social Welfare shall be personally responsible for monitoring and overseeing the progress and action taken by the Central Coordination Committee in respect of establishments registered under the 1995 Act and under the control of the Central Government. The Court said that similar procedure is to be followed in case of hospitals and nursing homes established under the Mental Health Act, 1987.

The Court asked the Chairperson of the State Coordination Committee to submit compliance report not later than eight months in the Registry of this Court after providing advance copy thereof to the Central Coordination Committee. The Central Coordination Committee shall then submit State/Union Territory wise report with the comments, if any, within ten months in the Registry of this Court. [Reena Banerjee v. Govt. of NCT of Delhi, 2016 SCC OnLine SC 1437, decided on 08.12.2016]