In the ongoing suo moto PIL in the Gujarat High Court over five patients permanently losing their eyesight after a cataract operation, the state government has reframed regulations for the Clinical Establishments Act.

However, during the hearing on Apr 29, the state government mentioned the penalties of ₹10,000–₹50,000 for hospitals and institutions that breach the rules, are too low.

Suggesting to fix the low amount of the penalty, HC said that those who violate rules have ample money, and they will continue to run the hospital by simply paying off the fine. The High Court also urged the government to ensure that the rules framed by the government are not misused.

Moreover, the government is yet to form a state-level council that incorporates the health minister as the chairperson and members from the Gujarat Medical Council (GMC) and Gujarat Nursing Council (GNC).

The High Court expressed displeasure and said that the state council determines standards for the protection of the rights of the patient, and since it has not yet been formed in the state, these standards have not been implemented.

Therefore, registration without such standards will remain a mere ‘formality’, said the High Court.

The HC told the government that people who run hospitals without registration should be penalised, and action should be taken against such elements by filing complaints.

The next hearing is scheduled for July 15.

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