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Detail steps taken against quacks, Bombay High Court tells Maharashtra government

The plaintiff claimed that the said information reflects the pathetic state of affairs of medical care in the state of Maharashtra. Even the intensive medical care units are ill equipped to deal with the critical medical cases.

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Action against quacks and nursing homes without proper registration may soon be probed as the Bombay High Court has asked the Maharashtra government to provide details of the mechanism in place to implement provisions of the Clinical Establishments (Registration and Regulation) Act. The Act provides for registration and regulation of all clinical establishments in the country and steps to be taken to verify degrees of doctors.

A division bench of Chief Justice Manjula Chellur and Justice GS Kulkarni has asked the state to provide the details by filing an affidavit in court in two weeks. The direction was given during the hearing of a petition filed by a Pune resident, Atul Bhosale, who claims that he lost his father after an unqualified doctor had performed a surgery on his father in 2014. 

On questioning the authorities and procuring information under the Right to Information Act, it came to Bhosale’s notice that only 326 hospitals and clinics are registered in Pune district under the provisions of the said Act, whereas more than 4,500 clinics and hospitals are operational in the said area. 

The plaintiff claimed that the said information reflects the pathetic state of affairs of medical care in the state of Maharashtra. Even the intensive medical care units are ill equipped to deal with the critical medical cases. 

The non-registration of the clinics and hospitals not only reflect on the poor implementation of the said Act, but also shows that there exists no machinery to scrutinise documents, infrastructure, qualification of medical staff and availability of medical equipment before establishing any clinic or hospital. 

The petition also claims that the failure on the part of the authorities to execute and implement the Act is an anathema to the right to life as guaranteed under Article 21 of the Constitution of India. The plea prays for effective implementation of the provisions of the Maharashtra Nursing Homes Registration Act 1949, and Maharashtra Nursing Home Registration Act (Amendment) 2005.

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