Delhi HC directs private hospital to treat 12-year-old under EWS category

New Delhi: Taking suo motu cognisance of a newspaper report about a 12-year-old boy who was critically injured and was denied admission to government hospitals due to the unavailability of ICU beds, the Delhi High Court directed a private hospital, where the boy was eventually admitted despite his family’s poor financial condition, to provide treatment under the Economically Weaker Section (EWS) category and refrain from demanding any payment from his parents.

A division bench of Justices Prathiba M Singh and Manmeet PS Arora further ordered that Shree Aggrasain International Hospital may make its submissions on the next date of hearing, but, in the meantime, must continue to provide all necessary and adequate treatment for the child’s recovery without charging the parents.

On being informed about the need to broaden the eligibility criteria for the EWS category, since many private hospitals fail to extend mandated facilities despite being under a binding obligation, the bench directed that this issue too shall be taken up on the next date, and counsels for all parties, including the Delhi government, should make their submissions.

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The case concerns a 12-year-old boy who sustained severe injuries after he slipped from the first floor of his house on 19th August, 2025, as reported by TOI on August 29. The boy's father is a daily wager and faced enormous challenges in finding a ventilator bed at any government hospital in the capital, following which the minor was taken to the Shree Aggrasain International Hospital, Rohini, New Delhi.

The news report also states that the parents of the child were looking for an ICU bed in various hospitals across Delhi, including the Safdarjung Hospital and other Delhi Government hospitals. However, due to their inability to find any ICU bed in any government hospital across the city, the child had to be admitted to a private hospital.

The Bench, which spoke to the child's uncle over a phone call, was initially considering moving the boy to a government hospital. However, noting the progress in the child's medical condition, the court decided not to shift him from the current facility.

The court further made it clear till the next date, the hospital will not demand money and continue to treat the child properly.

"The child shall be considered in the EWS category, and no payment shall be demanded by the hospital from the parents of the child till the next date of hearing. Issue notice to the hospital. On the next date, the hospital may make its submissions," the bench said, posting the matter for September 2. The order would be communicated to the head of the hospital.

Advocate Ashok Agarwal, who was appointed amicus curiae by the court in another case relating to the implementation of the Hospital Management Information System (HMIS), said in the EWS category, the criteria deserve to be increased in the case of hospitals, for most private hospitals did not properly extend medical facilities to the category, though under a binding obligation.

The news report claimed that a few days into his treatment at the government hospital, the child complained of severe headache, nose bleeding and vomiting and was rushed to the private hospital. The report said the family tried to get an admission in Ambedkar Hospital but was turned down twice and was asked to go to hospitals such as G B Pant or Safdarjung.

The child's father was caught between mounting medical bills and the absence of support in government hospitals. He said he earns a few thousand rupees a month and has already spent Rs 2 lakh on his son's treatment after borrowing money.

Recently, the Delhi government health secretary informed the high court that once the HMIS was fully implemented, ICU bed availability would begin in real time, reports PTI.

To view the official order, click on the link below:

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