India News | How Path Labs Being Regulated: HC Asks Delhi Govt

New Delhi, Nov 22 (PTI) The Delhi High Court Monday directed the Delhi government to file an affidavit on how pathological laboratories in the city are being regulated and asked it to state if any action has been taken against those running in violation of the framework.

A bench headed by Justice Manmohan, which was hearing a PIL alleging that unauthorised laboratories and diagnostic centres were being managed by unqualified technicians, asked the Delhi government to file the affidavit within a week.

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The bench, also comprising Justice Navin Chawla, asked social activist Bejon Kumar Misra, who has filed the petition, to show “instances” of false medical reports from path labs and posted the matter for further hearing on December 17.

Delhi government counsel Gautam Narayan said that path labs were being regulated under the Clinical Establishments Rules, 2018, and under the present regime, all medical reports have to be signed by a registered medical practitioner having post-graduate education.

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He submitted that the authorities were taking all steps to ensure that the public does not suffer and action was being taken on complaints against erring labs.

The lawyer also stated that the Delhi Health Bill is at an “advanced stage” and the Delhi government was following in letter and spirit a Supreme Court order mandating the signing of medical reports only by qualified professionals.

“Give us a one-page affidavit (on Delhi government complying with the 2018 rules). You will let us know how many complaints were received,” the bench told Delhi government counsel.

Lawyer Shashank Deo Sudhi, appearing for the petitioner, argued that at present pathological labs in the city are unregulated which poses a threat to the lives of the citizens.

He submitted that on account of “wrong reports” from the labs, which are signed by “unqualified technicians”, the public was unable to secure proper treatment.

The lawyer prayed that a robust health policy be framed by the authorities to govern path labs and stern action should be taken against those which are running in violation of the ICMR and WHO guidelines.

The high court had, in September 2018, said the presence of unauthorised pathological laboratories and clinics in the national capital was a "serious issue".

It had directed the Delhi government to inspect the laboratories and clinics, find out who were running those and under which laws were set up.

The court had said when the Supreme Court had made it clear that only post-graduate degree holders in pathology could sign medical test reports, it should have been implemented by now.

Misra, in his plea, has said, "Such illegal labs continue to mushroom in and around Delhi-NCT and it can be easily estimated that the total number of such illegal pathological and diagnostic labs can be anywhere between 20,000 and 25,000, and every street in the capital has such illegal pathological labs."

"The National Accreditation Board for Testing and Calibration Laboratories (NABL) under the Quality Council of India (QCI) is optional and not mandatory before the opening of a pathological or diagnostic lab in Delhi," the petition added.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)