ICU Safety Norms: Supreme Court Summons Health Officials

The Court has issued show-cause notices and summoned the top health officials of each defaulting State and UT to appear personally on November 20.

The Bench of Justices Ahsanuddin Amanuallah and NK Singh, while hearing Asit Baran Mondal & Anr. vs. Dr. Rita Sinha & Ors., expressed strong displeasure over the “casualness” of State authorities in implementing its orders.

“Accordingly, notice is issued to the concerned Additional Chief Secretary/Senior-most Official of the Department of Health of all the concerned States/Union Territories (UTs), as to why action be not taken against them for such casual approach shown towards the Court,” the Bench directed, making it clear that no excuses would be accepted.

The list of defaulting States and UTs includes Arunachal Pradesh, Assam, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Odisha, Punjab, Rajasthan, Sikkim, Telangana, Tripura, West Bengal, Chandigarh, Delhi, Jammu and Kashmir, Puducherry, Lakshadweep, Ladakh, Andaman and Nicobar Islands, and Dadra and Nagar Haveli and Daman and Diu.

The case, which dates back to 2016, initially arose from complaints of medical negligence in private hospitals and the absence of uniform standards for ICUs and CCUs. Although the appeal was dismissed in 2024, the Supreme Court chose to continue monitoring the broader issue of standardising critical care across India.

In earlier hearings, the Court had directed States to consult stakeholders and frame comprehensive guidelines for ICU admission, staffing, hygiene and infrastructure. A three-member committee was also constituted, comprising Additional Solicitor General Aishwarya Bhati, Amicus Curiae Karan Bharihoke and Dr. Nitish Naik of AIIMS, to examine and harmonise the reports.

Despite repeated extensions, the Court found that most States had failed to submit their reports by the October 5 deadline. Expressing its frustration, the Bench observed, “We are more pained than shocked by the casualness shown by various States… the orders of this Court have been taken very lightly by the officers concerned.”

The Court warned that any further delay or submission of perfunctory reports would invite strict action against the erring officers and governments. It also directed the expert committee to begin deliberations on the material already received and start drafting its report.

The matter will next be heard on November 20, when the top health officials from all defaulting States and UTs are required to appear before the Supreme Court with personally affirmed show-cause affidavits.