Grievance Redressal Mechanisms in Public Healthcare Establishments

Reports by Vidhi Aid · April 13, 2017
Author(s): Shreya Garg and Dhvani Mehta

In India, the right to health is not a statutory right and the National Health Policy, 2017 does not endorse a rights-based approach. It states that policy reform in healthcare should be through incremental infrastructure development, and suggests the setting up of medical tribunals to address disputes on standards of care, price of services, negligence and unfair practices.  However, setting up yet another tribunal may not be the best solution.

In this report, Vidhi has done an empirical analysis of complaints filed against public healthcare establishments to get a sense of the kinds of complaints made, the forums utilised and the remedies granted. Further, we have also analysed the existing legal and policy framework applicable to public health establishments in relation to grievance redressal. Though multiple avenues like the Consumer Protection Act, the Clinical Establishments Act, NHRC and writs are available for complaining against health right violations, each has its own shortcomings.

A lesser developed and a lesser used avenue is the internal grievance redressal mechanism in public healthcare establishments, and the focus of this report is to revamp this mechanism, to ensure that all kinds of complaints are resolved effectively. This report is a step towards informing the debate on enforcement of the right to health in public health establishment through internal grievance redressal mechanisms.

Grievance Redressal Mechanisms in Public Healthcare Establishments-Download Full Report


About Shreya Garg:


About Dhvani Mehta:

Dr. Dhvani Mehta {B.L.S. LL.B. (University of Mumbai); BCL, D.Phil (Oxon)} is a Senior Resident Fellow and Team Lead of the Vidhi Aid initiative, where she works on environmental and health regulation, medical ethics and the right to education. She has worked specifically on research projects on environmental clearances, the National Green Tribunal, organ transplant laws, end of life care, and pharmaceutical and medical device regulation. She has appeared in the Supreme Court of India in petitions filed by Vidhi on advance medical directives and discrimination against persons affected by leprosy. She has authored chapters on the implementation of environmental judgments and healthcare corruption in India. Dhvani read for a doctoral degree at the University of Oxford on a Rhodes Scholarship, where she was Chairperson of Oxford Pro Bono Publico and an editor of the Oxford Human Rights Hub blog. Her doctoral thesis explores the idea of an environmental rule of law in India and was cited by the Supreme Court of India.