Delhi High Court Issues Notice On PIL For Action Against Hospitals, Entities Operating Radiological Equipment Without Licenses

The Delhi High Court has issued notice on a public interest litigation seeking action against all hospitals, medical colleges, diagnostic centres and any other entities operating radiology equipments without the requisite authorization or licenses.

A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought response of Union Government and Atomic Energy Regulatory Board (AERB) and listed the matter for hearing on April 16.

The petition has been filed by on Shailesh Singh through Advocates Preeti Singh and Sunklan Porwal.

The plea highlights the consequences of the alleged failure of the AERB, Union Ministry of Environment & Forest and the Pollution Control Board in regulating the radioactive substances and radiation.

It raises concerns regarding the non-compliance with respect to the safety regulations for medical diagnostic X-ray facilities and radiology centres. As per the petition, the situation poses a serious threat to the health and well-being of countless patients and healthcare workers.

“Despite the Atomic Energy Regulatory Board’s (AERB) advisory emphasizing the necessity of ensuring diagnostic facilities are licensed by the AERB before undergoing prescribed medical X-ray examinations, compliance remains alarmingly low. Only a handful of diagnostic and healthcare facilities have obtained the requisite permissions from the AERB,” the plea states.

It adds that the regulatory consent from AERB is critical to ensure radiation safety in facilities operating X-ray equipment, radiology units, pathology labs and hospitals that utilize machines emitting radiation.

The plea claims that AERB has turned a blind eye to its obligation of reviewing and enforcing compliance, allowing numerous hospitals and diagnostic centres to function without the necessary permissions or oversight.

The PIL seeks a direction on AERB to initiate penal proceedings against violators who have failed to comply with the licensing requirements.

It further seeks an comprehensive audit of all diagnostic radiology facilities in Delhi, ensuring compliance with radiation safety protocols, including preventive maintenance of radiation protection equipment.

A direction is sought on the Central Government to ensure better coordination and oversight mechanisms for regulating radiation safety in public and private healthcare facilities.

Title: SHAILESH SINGH v. UNION OF INDIA & ORS

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