In a significant development for the healthcare sector in Kerala, the Kerala High Court has dismissed a series of petitions challenging the constitutional validity of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018. The case, Kumar and others versus State of Kerala and others, saw private medical associations contesting the legality of the state-level legislation in light of the Central Clinical Establishments Act, 2010.
Justice Harisankar V Menon, who presided over the case, observed that the right to health is a fundamental human right, acknowledged under Article 21 (right to life) and Article 47 (Directive Principle mandating improvement of public health) of the Constitution. The court noted that this right extends to accessing quality healthcare services, which necessitates regulation of clinical establishments for ensuring uniform standards of care.
The crux of the argument by the petitioners was that the Central Act already provides for registration and regulation of clinical establishments, thereby rendering the Kerala Act redundant and unconstitutional. However, Justice Harisankar V Menon observed that the Central Act does not preclude states from enacting similar legislation tailored to address local needs and issues.
The court’s decision is expected to bring much-needed clarity to the healthcare sector in Kerala, where debates over the jurisdiction of state and central legislations have been ongoing for some time. The ruling also underscores the importance of upholding the right to health, a fundamental human right that the State has an obligation to protect and promote.
In response to the ruling, George Poonthottam, Health Minister of Kerala, expressed satisfaction with the court’s decision, stating that it reaffirms the state government’s commitment to providing quality healthcare for all its citizens. Meanwhile, George Kannanthanam, President of one of the petitioning associations, has indicated that they will seek a review of the judgment.
As the legal landscape of the Kerala healthcare sector continues to evolve, stakeholders remain hopeful that this ruling will pave the way for improved quality, accessibility, and affordability of healthcare services in the state. The court’s observations on the right to health are also expected to set a precedent for future cases involving similar issues. Stay tuned for more updates as this story develops.
