Healthcare Or Hostage-Taking? What The Kerala HC’s Verdict On Clinical Establishments Means For India
- IJLLR Journal
- Jul 13
- 1 min read
Mathew Dayi, LLB, Jindal Global Law School, Sonipat
ABSTRACT
The corporatisation of healthcare in India has created an ecosystem where private hospitals often operate without sufficient accountability, leading to inflated pricing, non-transparent procedures, and patient exploitation. In Kerala, public hospitals continue to suffer from underfunding and lack of personnel, making private institutions the default option for quality care. However, this dependence has allowed many five-star hospitals to impose arbitrary costs, sell unnecessary treatments, and commodify even organ donation campaigns1. The Kerala Clinical Establishments (Registration and Regulation) Act, 2018 was introduced to standardise healthcare infrastructure, enforce transparency in billing, and establish clear patient rights. Following challenges by hospital owners, the Indian Medical Association (IMA), and dental associations, the Kerala High Court upheld the Act in June 2025, affirming its constitutional validity. This article critically analyses the judgment, explores its legal and policy implications, and discusses the evolving power dynamic between private healthcare providers and regulatory authorities. It further addresses ethical concerns, systemic inefficiencies, and the tension between professional autonomy and public interest. Drawing on comparative state responses and past case studies, the article concludes with recommendations to improve enforcement — including tiered compliance models, co-regulation, and patient-inclusive governance — with the ultimate goal of making healthcare in India both ethical and equitable.
