Hospitals cannot hold Dead Body for any reason, MP Arora

Ludhiana, March 11, 2023: AAP MP (Rajya Sabha) & member of Parliamentary Ad hoc Committee on Health & Family Welfare Sanjeev Arora has stressed upon the need to create an awareness among the masses that as per the Charter of Patients’ Rights, people have a right that even if the hospital bill is not paid of a deceased, the dead body cannot be held hostage by the hospital.

In a statement here today, Arora added that still, such incidents are happening despite this right being in place in the country. He said, “I advise Administration of all Districts that this right should be known to citizens and also severe action as per law is taken against violators.” 

Arora said a question in this regard was raised in Rajya Sabha session held recently by his colleague from Haryana Kartikeya Sharma, MP (Rajya Sabha). In reply, the Union Minister of State for Health and Family Welfare Dr Bharati Pravin Pawar had replied that The Patients’ Rights Charter, as approved by National Council for Clinical Establishments, a statutory body, under the Clinical Establishments (Registration and Regulation) Act, 2010, is available in public domain. As per Guidelines, of the said Charter, Release of dead body of a patient cannot be denied for any reason by the hospitals. The aforesaid Charter has been shared with all the States and UTs for adoption and implementation, so that grievances and concerns of patients are addressed while ensuring smooth and cordial environment in clinical establishments. State/Union Territory (UT) Government takes appropriate steps to protect the family of a deceased from instances of exploitation by the hospitals. 

Further, Arora said he would ask the District Administrations to ensure that Charter of Patients’ Rights and Responsibilities (as approved by National Council for Clinical Establishments and updated on 23rd August 2021) are properly displayed in all the hospitals so that there is no violation of patients’ right by the hospitals across the state. He categorically stated that he would be ready to extend every kind of help in creating a mass awareness in this regard.  “Detaining of dead body of a patient is a great violation of human rights”, Arora remarked.

On being asked, Ludhiana-based Lawyer and Former Additional Advocate General Punjab, Harpreet Sandhu said confining a dead body in a hospital will amount to wrongful confinement as defined under Section 340 of the Indian Penal Code, 1860. 

Further, Sandhu said, “Hospitals have no legal authority to detain a dead body for failing to pay their bills. Merely because the hospital is giving outstanding treatments to the patients, it is no ground to detain the dead body.” He said Article 21 read with Directive Principles Guaranteed under Articles 39(e), 41, and 43 makes the right to health and medical care a Fundamental Right. Despite the rights enshrined in the Indian Constitution, hospitals often detain a dead body for non-payment of bills or to possess a deceased person's body. This practice is not only illegal, but it is also squarely barbaric and torturous for public at large.

“Hence, the law is clear and hospitals can’t retain the dead body as it amounts to illegal confinement punishable under Section 340 of Indian Penal Code”, Sandhu reiterated.