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