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March 5- 2026

SUPREME COURT ISSUES CONTEMPT NOTICE TO 51 DELHI HOSPITALS FOR NOT PROVIDING FREE TREATMENT TO WEAKER SECTIONS

UNION OF INDIA V. MOOLCHAND KHAIRATI RAM TRUST & ORS.

Introduction

In a significant step aimed at ensuring access to healthcare for economically weaker sections (EWS), the Supreme Court of India recently issued contempt notices to 51 private hospitals in Delhi for failing to comply with the mandatory requirement of providing free treatment to indigent patients.

The direction was issued in the ongoing matter Union of India v. MoolchandKhairati Ram Trust, where the Court is monitoring compliance with earlier orders mandating that hospitals which received land at concessional rates from the government must provide free treatment to a certain percentage of patients belonging to weaker sections of society.

The Court observed that despite clear directions issued earlier, several hospitals had not complied with the obligation to provide free OPD and IPD treatment, and authorities responsible for enforcing compliance had also acted in a casual manner.

Background of the Case

The case concerns private hospitals in Delhi that were allotted land by the government at concessional or subsidized rates. These allotments were made on the condition that hospitals would operate partly for charitable purposes and provide free treatment to economically weaker sections.

In order to regulate such obligations, the Government of India issued an order on 2 February 2012, laying down a policy requiring these hospitals to provide:

  • 25% free treatment in OPD (Outpatient Department)
  • 10% free treatment in IPD (Inpatient Department)

This policy was aimed at ensuring that private hospitals benefiting from public resources continue to serve poor and underprivileged patients.

In 2018, the Supreme Court upheld this policy and directed hospitals to strictly comply with the requirement.

Compliance Issues Before the Court

Recently, the Government of the National Capital Territory of Delhi (GNCTD) submitted a compliance affidavit before the Supreme Court highlighting that several hospitals were not fulfilling their obligations under the policy.

The affidavit revealed that:

  • Many hospitals failed to maintain the required percentage of free OPD and IPD patients.
  • Despite identifying violations, authorities had not taken adequate action.
  • Communications issued by the government to agencies such as Delhi Development Authority (DDA), Land & Development Office (L&DO), and Municipal Corporation of Delhi (MCD) were either ignored or not acted upon.

Taking note of these developments, the Court expressed concern that the entire matter had been handled “very casually” by the authorities.

Supreme Court’s Observations

A bench comprising Justice Prashant Kumar Mishra and Justice N.V. Anjaria directed that contempt notices be issued to 51 hospitals for failing to comply with the Court’s earlier orders.

The hospitals were directed to show cause why contempt proceedings should not be initiated against them for non-compliance.

The Court also indicated that if violations were established, benefits granted to the hospitals, including concessional land allotments, could be withdrawn.

Appointment of Nodal Officer

To ensure proper implementation of its directions, the Supreme Court appointed the Secretary, Department of Health, GNCTD as the Nodal Officer for the matter.

The Nodal Officer has been directed to:

  • Examine compliance by all hospitals
  • Coordinate with DDA, L&DO, and MCD
  • Take action against defaulting hospitals
  • Inform the Court about lapses by authorities

The Court further directed all concerned authorities to respond promptly to the Nodal Officer and cooperate in ensuring enforcement of the Court’s directions.

List of Hospitals Issued Contempt Notices

The Supreme Court issued notices to the following 51 hospitals in Delhi:

  1. Arya VaidyashalaKottakkal
  2. Kailash Deepak Hospital
  3. FLT. LT. Rajan Fortis Hospital
  4. Delhi ENT Hospital
  5. MGS Super Specialty Hospital
  6. Mai Kamali Wali Hospital
  7. Max Super Specialty Hospital (Press Enclave)
  8. Mool Chand Khairatiram Hospital
  9. Primus Super Specialty Hospital
  10. Sita Ram Bharti Hospital
  11. Venkateshwar Hospital
  12. Vinayak Hospital
  13. VIMHANS Hospital
  14. Max Smart Hospital
  15. Action Cancer Hospital
  16. Ayushman Hospital and Health Services
  17. Batra Hospital & Medical Research Centre
  18. Bensups Hospital
  19. Bimla Devi Hospital
  20. BLK Kapoor Memorial Hospital (BLK Max)
  21. Centre for Sight
  22. Dharamshila Narayana Hospital
  23. Fortis Escorts Hospital
  24. Guru Harkishan Hospital
  25. Hakeem Abdul Hameed Centenary Hospital (HAHC)
  26. Human Care Charitable Hospital
  27. Indian Spinal Injuries Centre
  28. Jaipur Golden Hospital
  29. Jeevan Anmol Hospital
  30. Madhukar Rainbow Children’s Hospital
  31. Maharaja Agrasen Hospital, Punjabi Bagh
  32. Yatharth Hospital
  33. Maharaja Agrasen Hospital (Dwarka)
  34. Maharishi Ayurveda Hospital
  35. Mata Chanan Devi Hospital
  36. Max Super Specialty Hospital (Patparganj)
  37. Max Super Specialty Hospital (Shalimar Bagh)
  38. National Heart Institute
  39. Pushpawati Singhania Hospital
  40. R.L.K.C. Hospital
  41. Red Cross General Maternity and Child Care Hospital
  42. Rajiv Gandhi Cancer Institute & Research Centre, Rohini
  43. Rajiv Gandhi Cancer Institute & Research Centre, Niti Bagh
  44. Saroj Hospital / Shanti Mukand Hospital
  45. Shree Aggarsain International Hospital
  46. Sir Ganga Ram Hospital
  47. St. Stephen’s Hospital
  48. Swami Parmanand Hospital
  49. Prakritik Hospital
  50. Santom Hospital
  51. Sri Balaji Action Medical Institute

Legal Principles Involved

  1. Enforcement of Conditions Attached to Public Land

Hospitals receiving land at subsidized rates from the government must fulfill the social obligations attached to such allotments.

  1. Right to Healthcare for Economically Weaker Sections

The policy ensures that private hospitals benefiting from public resources contribute to the constitutional goal of equitable healthcare access.

  1. Contempt of Court

Failure to follow binding directions of the Supreme Court may amount to civil contempt under the Contempt of Courts Act, 1971, as it constitutes wilful disobedience of judicial orders.

Significance of the Order

The Supreme Court’s action has wider implications for healthcare governance in India:

Ensuring Social Accountability

Private hospitals benefiting from public land cannot operate purely as commercial institutions without fulfilling their charitable obligations.

Strengthening Enforcement Mechanisms

The appointment of a nodal officer aims to ensure better monitoring and enforcement of compliance.

Protecting Healthcare Rights

The order strengthens the availability of free treatment for poor patients, especially in urban areas where private healthcare dominates.

Conclusion

The Supreme Court’s decision to issue contempt notices to 51 hospitals in Delhi represents a strong step toward ensuring accountability in private healthcare institutions that benefit from public concessions.

By insisting on strict compliance with the requirement of providing 25% free OPD and 10% free IPD treatment, the Court has reinforced the principle that public benefits must translate into public welfare.

The final outcome of the proceedings will play a crucial role in determining how effectively such social obligations are enforced in India’s healthcare system.