The Supreme Court issued an ultimatum to the States to file affidavits, latest by June 30, regarding constitution of State Medical Councils to check malpractices by doctors and if the states default in this matter, the Health Secretaries of states are asked to be present in the Apex Court.
A Bench comprising Justice M B Shah and Justice Arun Kumar, noticed that many States had not filed affidavits even after an earlier directive of the Court in this regard and said that if the states did not file their affidavits by June 30, their Health Secretaries would have to be present in the Court personally on July 21 to answer for the lapse. Holding that constitution of State Medical Councils was desirable, the Bench noted that if necessary action was not taken against doctors for malpractices "the noble profession would suffer due to acts of unscrupulous practitioners."
Solicitor General Kirit Raval stated that the Government was considering at the highest level to bring in an amendment to the Medical Council of India Act to make it on par with the Advocates Act by which it would be mandatory for every doctor to register in the State where he was practicing.
The direction has come on a petition filed by one Malay Ganguly highlighting that complaints against doctors' malpractices had not been adjudicated by the State Medical Councils due to inefficient administration.
During the course of the hearings, it was pointed out to the Court that a doctor registered in one State could not be proceeded against for malpractice in another state as there was no such provision in the Medical Council of India (MCI) Act.