Introduction:
A 60 years old man was tied to a hospital bed in Sajapur city hospital, Madhya Pradesh. The video of that old man has been viral on media. After that Chief Minister Shivraj Singh Chouhan ordered a probe into the matter. Every time video can’t be viral on social media so the government has to make sure incidence like this should not happen. Strict action against hospitals should be taken by the government.
Similar incidences took place in the past even though the Court said that in many judgments this is unlawful. In many cases, high court and the Supreme Court gave judgment in which the confining of the person in a hospital without lawful justification will amount to wrongful confinement. In this article I will clear the question can hospitals hold patients “hostage” for unpaid bills? And if no then how the patient can ask for justice?
Can hospitals hold patients “hostage” for unpaid bills?
The answer to this question is “NO”. Hospitals cannot confine the patient (hostage) for unpaid bills. As per section 340 of Indian Penal Code wrongful Confinement means —whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person.[1]
In our case the person tied to the bed. This is a wrongful restrain of that person. If anyone commits wrongful confinement without any lawful justification then that person can be punishable under section 342 to 348 of Indian Penal Code 1860 as per the situation and a time limit of the confinement the man who commits confinement would be punished under these sections. Under theses section of IPC, the person may be punished by imprisonment or fine or both.
Article 21 of the Indian Constitution says that Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to the procedure established by law.[2]Every person has the protection of life and personal liberty under article 21. In this case, the liberty of that person is breached, and maybe due to being tied to the bed the question of protection of life arises. The hospital has no right to illegally tied a person for non- payment of their dues.
Cases Laws
- Devesh Singh Chauhan v. State of Maharashtra [3]
In this case the bench Sanghi and Deepa Sharma, JJ is reported to have observed that, Even if dues are outstanding, custody of patients cannot be withheld. We deprecate this practice. The Court directed Sir Ganga Ram Hospital to prepare the discharge summary of the patient and allow his son, the petitioner, to remove his father forthwith.
- Paschim Banga Khet Mazdoor Samiti v. State of West Bengal[4]
In the government hospitals, government hospitals and the medical officials employed in that are compelled by a solemn obligation to expand medical help for saving human life. Failure for a government hospital to give convenient medical treatment to an individual needing such treatment brings about a violation of his rights to life ensured under Article 21. The hospitals can’t decline treatment on the ground that the casualty isn’t in a situation to pay the fees or meet medical costs. The state can’t avoid its constitutional obligation to offer sufficient medical types of assistance to individuals under money related limitations.
- The High Court of Bombay in Sanjay S Prajapati v. State of Maharashtra, while considering a PIL, stated that
“…this court has already held that detention of patients by hospitals for non-payment of bills/charges will amount to wrongful confinement. Therefore the State Government will have to provide adequate grievance redressal mechanism so that relatives of the patient can approach appropriate nominated authority which can take immediate action within the four corners of law including the action of setting the criminal law in motion.”[5]
The Ministry of Health and Family Welfare released a Charter of Patient Rights’ in 2018 laying down the 17 basic rights of a patient. In its present form, the draft charter aims to protect against hospital malpractices by granting certain rights to the patients.[6] It states:
“A patient has the right to be discharged and cannot be detained in a hospital, on procedural grounds such as [a] dispute in payment of hospital charges. Similarly, caretakers have the right to the dead body of a patient who had been treated in a hospital, and the dead body cannot be detailed on procedural grounds, including non-payment/dispute regarding payment of hospital charges against wishes of the caretakers”.[7]
Other important rights also draft in this charter includes the right to adequate and relevant information about illness and treatment, right to emergency medical care without any conditions, right to informed consent before any test or treatment, right to confidentiality as well and human dignity and privacy, right to a second opinion, right to transparency in rates, right to non-discrimination and right to redressal in case of complaints against a doctor or hospital.[8]
It should be noted that the draft charter has not been adopted at this point and except if this charter is made into a law backed with sanctions in case of non- compliance. This is not that much effective.
Conclusion
The same incidences that happened in the past courts gave judgments on it. We have to make some laws to prevent future incidences like this. The government has to specify in the law that the confinement of any person due to non-payment of bills leads to punishment. Issues like this should be solved before they appear on media, not after that.
References:
[1] Section 340 of the Indian Penal Code
[2] Article 21 of the Indian Constitution.
[3] 2017 SCC OnLine Del 8130
[4] 1996 SCC (4) 37
[5] Mehta, K. (2020, June 27). Can hospitals hold patients “hostage” over unpaid bills? Retrieved June 29, 2020, from https://www.barandbench.com/columns/can-hospitals-hold-patients-hostage-over-unpaid-bills
[6] Charter of Patients’ Rights for adoption by NHRC (Patients’ rights are Human rights!) – http://clinicalestablishments.gov.in/WriteReadData/8431.pdf
[7] Supra in 6th citation.
[8] Supra in 6th citation.
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