Holding back due to fear of compensation… Appeal to the Supreme Court to exclude doctors from the Consumer Act.

New Delhi: A review petition has been filed against the decision of the Supreme Court in which it was said that the doctor comes under the purview of the Consumer Protection Act 1986. The petition states that there is a need to consider the decision given by the Supreme Court. On November 7, the Supreme Court had refused to reconsider this matter. It has been said in the petition that doctors should be taken out of the purview of the Consumer Protection Act. Removing them from the purview of the Consumer Act will boost their declining morale. The doctor needs the trust of the patient so that he/she can take the risk and try to save his/her life. Viewing every patient as a potential litigant has damaged the doctor-patient relationship.

The Supreme Court had said in its decision of 29 April 2022 that the healthcare service provided by doctors comes under the purview of the Consumer Protection Act. That means the patient can complain against the doctor as a consumer. Medico Legal Action Group had filed an application against the order of the Bombay High Court, challenging the order saying that a consumer cannot file a complaint against the doctor under the Consumer Protection Act. This matter came before the bench led by the then Supreme Court Justice DY Chandrachud.

The Supreme Court rejected the application of the Medico Legal Action Group organization which filed an appeal against the order of the Bombay High Court. The Supreme Court had said that the Consumer Protection Act 2019 has been made by abolishing the 1986 law and merely by abolishing the law and making new laws, the health care service provided by a doctor cannot be taken out of the definition of service. After this, the petitioners had filed a review petition which was rejected by the Supreme Court on November 7, after which the review has been filed again.

Ayurveda doctors’ claims rejected
The Supreme Court has rejected the claim of equality between Ayurveda/AYUSH doctors and allopathic doctors. The court rejected this claim on the basis of qualitative difference in the standards of educational qualification and degree courses between the two. The court said that we are satisfied on the facts that the Ayurveda or AYUSH doctors serving in the State of Kerala, in view of the qualitative difference in the standards of educational qualification and related degree courses, cannot demand the same salary or other benefits as the medical doctors. Can. Earlier, the Supreme Court had said that Ayurvedic doctors who treat with indigenous medicines are not entitled to equal pay as Allopathy doctors. The Supreme Court had rejected the review petition filed in the case on November 3, 2023.