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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
Kerala Private Hospitals Association – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. health as a fundamental human right under the constitution. (Para 1 , 2 , 3) |
| 2. (Para 4 , 6 , 7 , 9) |
| 3. criteria for upholding or striking down legislation. (Para 10 , 18 , 24 , 26) |
| 4. legislative competence of the state in health regulation. (Para 12 , 20 , 28 , 30) |
| 5. dismissal of writ petitions with observations on practical difficulties. (Para 35) |
JUDGMENT :
HARISANKAR V. MENON, J.
It is often said that health is a human right and, therefore, a prerequisite in the overall development of a nation, which is achieved through the intervention of human beings. Health is described as a state of complete physical, mental, and social well-being of an individual. The Constitution of India under Article 21 mandates the protection of “life” and personal liberty of the citizen. The Directive Principles of State Policy - under Article 47- also lays down that it is the duty of the State to improve “Public Health”. The challenge in these writ petitions is to be considered in the backdrop of the afore-mentioned broad principles.
2. These writ petitions have been filed seeking to challenge various provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 20
The Kerala Clinical Establishments Act, 2018 is constitutional and serves public health goals, despite challenges regarding definitions and authority powers; due process safeguards were upheld.
The court upheld the constitutionality of the Kerala Clinical Establishments Act, affirming the state's power to legislate on public health and emphasizing the need for regulation without arbitrary a....
The Kerala Clinical Establishments Act mandates transparency in healthcare costs and patient safety, reinforcing constitutional rights and promoting accountability in clinical practices.
The amended Regulation had a direct nexus with the object of providing adequate teaching and training facilities to the students and was not manifestly arbitrary. The differential treatment for diffe....
The court emphasized that running a clinical establishment without a valid license is illegal, and the State must act to prevent unauthorized medical practices, which endanger public health.
The court mandated strict compliance with the Clinical Establishments Act, emphasizing that non-enforcement leads to public health concerns, while personal grievances must be pursued through proper l....
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