Right to Healthcare and Emergency Treatment in Delhi

Source: Constitution of India, Article 21; Supreme Court of India, Paschim Banga Khet Majoor Samity v. State of West Bengal, (1996) 4 SCC 37; National Medical Commission (NMC) Regulations on Professional Conduct, 2023; Clinical Establishments (Registration and Regulation) Act, 2010

Reviewed by the Commoner Law Editorial Team. Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Indian Central Law

What is this right?

The right to health is not explicitly enumerated in the Indian Constitution, but the Supreme Court has interpreted it as an integral part of the right to life under Article 21.

Emergency treatment — duty to treat: Every hospital (public or private) that has emergency facilities has a legal duty to provide immediate emergency treatment to any person in a life-threatening condition, without demanding advance payment or documents. Refusal to treat an emergency patient is a criminal and ethical violation (NMC Registered Medical Practitioner (Professional Conduct) Regulations, 2023, Regulation 7).
Paschim Banga ruling (1996): The Supreme Court held that failure of the State to provide timely medical treatment to a person in need is a violation of Article 21 — the right to life includes the right to emergency healthcare from government hospitals.
Clinical Establishments Act, 2010: Registered clinical establishments (hospitals, clinics, nursing homes) must display their services and charges and must not charge above those displayed rates.
Government hospitals: Every government hospital must provide free outpatient and inpatient treatment to Below Poverty Line (BPL) patients and emergency treatment to all persons irrespective of ability to pay.
Dying Declaration: A doctor's duty extends to recording a medico-legal dying declaration of a critically injured patient even while providing treatment.

When does it apply?

A hospital (public or private) refuses to treat you in an emergency without advance payment.
You or a family member is in a life-threatening situation and the nearest hospital is claiming it does not have the facilities.
A government hospital demands payment from a BPL patient.

What to Do If a Hospital in India Refuses to Treat You in an Emergency

In a genuine emergency, do not leave the hospital due to a demand for advance payment — the hospital is legally required to stabilise you first. Call 112 (National Emergency Number) if you need to be transported.
After receiving emergency treatment, if a hospital improperly demanded advance payment upfront, file a complaint with the District Medical Officer (DMO) or the State Nodal Officer under the Clinical Establishments Act.
File a consumer complaint before the District Consumer Commission — refusal of emergency treatment is a clear deficiency in service.
File a complaint with the National Medical Commission or State Medical Council against the treating doctor or hospital for professional misconduct.

What should you NOT do?

Do not attempt to move an unstable patient merely because a hospital is demanding payment — stabilise first, resolve payment issues after.
Do not accept a refusal of emergency treatment as legally permissible — it is not. Document the refusal (names, time, reason given) for subsequent complaint.
Do not confuse emergency care (legally guaranteed) with elective treatment (which can be conditioned on payment).

Delhi Law

How Delhi differs from central law

Delhi provides a robust public healthcare system with unique features not found in most other states.

The Delhi Government operates a network of Mohalla Clinics (Aam Aadmi Mohalla Clinics) — small neighbourhood health centres providing free primary healthcare, basic diagnostics (blood tests, urine tests), and over 200 essential medicines at no cost. Over 500 Mohalla Clinics have been established across Delhi.
Delhi Government hospitals (such as Lok Nayak Hospital, GTB Hospital, Deen Dayal Upadhyay Hospital, Ambedkar Hospital) and Central Government hospitals (AIIMS, Safdarjung Hospital, Ram Manohar Lohia Hospital) together provide free treatment to all patients at OPD and emergency departments.
The Delhi Arogya Kosh is a financial assistance scheme of the Delhi Government providing up to Rs 5 lakh per case for treatment of serious illnesses at government or empanelled hospitals for Delhi residents who cannot afford treatment.
Delhi initially did not join the Central Government's Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY), as the Delhi Government maintained that its own healthcare system was sufficient. However, Delhi later implemented PM-JAY to extend coverage to eligible beneficiaries.
Private hospitals in Delhi allotted land at concessional rates by the Delhi Government or DDA are required to provide a percentage of beds (typically 10-25%) for free treatment of EWS patients. The Delhi High Court has enforced this requirement in multiple orders.

Additional Steps in Delhi

Visit your nearest Mohalla Clinic for free primary care and medicines. For financial assistance for serious treatment, apply to the Delhi Arogya Kosh through the Medical Superintendent of the treating government hospital. For PM-JAY, check eligibility and create your Ayushman card at any Common Service Centre (CSC) in Delhi. For complaints about denial of EWS beds at private hospitals, contact the Directorate General of Health Services (DGHS), Delhi.

Relevant Law: Delhi Arogya Kosh scheme, Government of NCT of Delhi; Ayushman Bharat (PM-JAY) as implemented in Delhi; Delhi High Court orders on EWS bed reservation in private hospitals; Constitution of India, Article 21 (right to health as part of right to life)

Common Questions

When does right to healthcare and emergency treatment apply?

A hospital (public or private) refuses to treat you in an emergency without advance payment.You or a family member is in a life-threatening situation and the nearest hospital is claiming it does not have the facilities.A government hospital demands payment from a BPL patient.

What should I do if a hospital in India refuses to treat me without advance payment during an emergency?

In a genuine emergency, do not leave the hospital due to a demand for advance payment — the hospital is legally required to stabilise you first. Call 112 (National Emergency Number) if you need to be transported.After receiving emergency treatment, if a hospital improperly demanded advance payment upfront, file a complaint with the District Medical Officer (DMO) or the State Nodal Officer under the Clinical Establishments Act.File a consumer complaint before the District Consumer Commission — refusal of emergency treatment is a clear deficiency in service.File a complaint with the National Med...

What mistakes should I avoid with right to healthcare and emergency treatment?

Do not attempt to move an unstable patient merely because a hospital is demanding payment — stabilise first, resolve payment issues after.Do not accept a refusal of emergency treatment as legally permissible — it is not. Document the refusal (names, time, reason given) for subsequent complaint.Do not confuse emergency care (legally guaranteed) with elective treatment (which can be conditioned on payment).

Right to Healthcare and Emergency Treatment in other states

Same topic, different jurisdiction. Pick the one that applies to you.