Right to Healthcare and Emergency Treatment in Maharashtra
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
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).
How Maharashtra differs from central law
Maharashtra provides subsidized healthcare through an extensive network of government hospitals and primary health centres. The state runs major public hospitals including KEM, Sion, Nair, and JJ hospitals in Mumbai, Sassoon Hospital in Pune, and Government Medical College hospitals across all districts.
The Mahatma Jyotirao Phule Jan Arogya Yojana (MJPJAY) is Maharashtra's state health insurance scheme, which has been integrated with Ayushman Bharat - Pradhan Mantri Jan Arogya Yojana (AB-PMJAY). MJPJAY covers families holding yellow and orange ration cards (below poverty line and just above poverty line) for hospitalization expenses up to Rs. 1.5 lakh per family per year for general diseases and up to Rs. 2.5 lakh for certain specified diseases like kidney transplant and cancer treatment. The scheme covers over 1,000 medical procedures in empanelled hospitals.
Under the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2010, it is a criminal offence to assault healthcare workers or damage hospital property in Maharashtra. This law was enacted in response to increasing attacks on doctors and medical staff and carries imprisonment up to 3 years and fines up to Rs. 50,000.
Additional Steps in Maharashtra
To enroll in MJPJAY, visit your nearest government hospital or Common Service Centre (CSC) with your ration card and Aadhaar card. Check eligibility at jeevandayee.gov.in. Helpline: 155388. For complaints about public hospitals, contact the Director of Health Services, Maharashtra at 022-22024893.
Relevant Law: Mahatma Jyotirao Phule Jan Arogya Yojana; Maharashtra Medicare Service Persons Act, 2010
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).
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