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