Right to Healthcare and Emergency Treatment in Kerala

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).

Kerala Law

How Kerala differs from central law

Kerala has India's best health indicators — the highest life expectancy (approximately 75 years), the lowest infant mortality rate, and near-universal literacy, which supports health awareness. The state provides free or heavily subsidized healthcare through an extensive network of government hospitals, community health centres, and primary health centres across all 14 districts.

The Karunya Arogya Suraksha Padhathi (KASP) is Kerala's state health insurance scheme, which has been integrated with Ayushman Bharat - Pradhan Mantri Jan Arogya Yojana (AB-PMJAY). KASP provides cashless hospitalization coverage of up to Rs. 5 lakh per family per year for eligible families (those holding ration cards and meeting income criteria). The scheme covers over 1,500 medical procedures at empanelled government and private hospitals.

The Kerala Clinical Establishments (Registration and Regulation) Act, 2018 requires all clinical establishments in the state (hospitals, clinics, laboratories, imaging centres) to register with the government, maintain minimum standards of facilities and staff, and display their charges prominently. The Act empowers the government to regulate treatment costs and take action against establishments that overcharge or provide substandard care.

Additional Steps in Kerala

To enroll in KASP, visit your nearest government hospital or Akshaya Centre with your ration card and Aadhaar card. Check eligibility at kasp.kerala.gov.in or call the KASP helpline: 0471-2552056. For complaints about private hospitals, contact the Director of Health Services, Kerala at 0471-2302506 or the Kerala Clinical Establishments Regulatory Authority.

Relevant Law: Karunya Arogya Suraksha Padhathi (KASP); Kerala Clinical Establishments (Registration and Regulation) Act, 2018

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.