NATIONAL HUMAN RIGHTS COMMISSION, INDIA D. The Charter of Patients’ Rights 6.26 The NHRC’s Core Advisory Group on Health had developed a Charter of Patient Rights. It was sent to the Ministry of Health and Family Welfare and to all the State Governments for their suggestions/comments. The same was sent to the Ministry of Health and Family Welfare for its adoption and implementation. In response, a letter was received from the Secretary, Ministry of Health & Family Welfare addressed to all States/UT’s with a copy to NHRC. In this letter the Ministry has mentioned that there has been reluctance and resistance on part of some States in adoption of regulatory legislations like the Clinical Establishment Act, 2010. It is also stated in the letter that the Government has been receiving a large number of complaints regarding malpractices, lack of transparency in diagnosis and treatment, implants from select vendors, billing of exorbitant charges, deficiency in services etc. The Ministry has acknowledged that NHRC had taken clues from such complaints and references, and after consultation with some stakeholders prepared a draft ‘Charter of Patients’ Rights’. However, after discussion in the 11th Meeting of National Council for Clinical Establishments, an apex statutory body consisting of representatives of all major stakeholders, the Ministry has converted the entire draft Charter prepared by the Commission into a set of DO’s & DON’Ts for patients and clinical establishments alike, proposing to ensure smooth and cordial environment in the clinical establishments. 6.27 Furthering the NHRC’s initiative of formulating the Charter of Patients’ Rights, the way forward was discussed in the Meeting of NHRC Core Group on Health and Mental Health held on 26th November 2019. In this meeting it was decided that there is a need to publicize the Charter since the majority of health establishments and patients are still not aware of it. Concerns on implementation of the Clinical Establishments Act, 2010 were also raised. The Additional Deputy Director General, Ministry of Health and Family Welfare apprised that the Act directs States to implement the provisions in a phased manner. Addressing the concerns of abuse in certain treatment procedures raised by the Core Group members, the Deputy Chief Executive Officer, National Health Authority (NHA), informed that the NHA is under process of formulating Standard Treatment Protocols wherein such abuses will be kept in check. 6.28 The Charter of Patients’ Rights was uploaded on the Commission’s website for sensitization and easy accessibility to the public at: <https://nhrc.nic.in/document/charter-patient-rights> 6.29 Considering the need to monitor the implementation of patient rights, the Commission’s Special Monitor (Health and Mental Health) visited Bengaluru, Lucknow, and Patna during December, 2019 - January, 2020, for conducting meetings with the Senior State Government Officials, representatives of civil society etc to monitor the implementation aspects of the Patients' Rights Charter. E. Silicosis 6.30 In view of the non-responsive and insensitive attitude displayed by most of the States to the life threatening problem of Silicosis, the Commission filed an Interim Application in Supreme Court on 18 May 2017, in Case No., 110 of 2006 in People’s Rights and Social Research Centre (PRASAR) 98 ANNUAL REPORT 2019-20

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