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A Critical Analysis Of The Clinical Establishments (Registration And Regulation) Act, 2010

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Dr. Nitish Kumar Sharma, Bahra University, Waknaghat, District Solan, Himachal Pradesh


ABSTRACT


The Clinical Establishments (Registration and Regulation) Act, 2010 is India's first central statute aimed at creating a uniform regime for the registration and minimum standards of clinical establishments across all recognised systems of medicine. This paper examines the constitutional basis, legislative history, scope, institutional design, registration framework, enforcement machinery and judicial context of the Act. It argues that while the Act marks a significant move from fragmented state nursing-home laws towards a national standard-setting framework, its promise has been constrained by its limited territorial adoption, weak enforcement, the unresolved controversy over regulation of rates, the absence of a patient grievance mechanism and low penalties. The paper concludes with suggestions for reform.


Keywords: clinical establishments; registration; minimum standards; right to health; Article 252; health regulation; India.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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