Delhi HC Reinforces EWS Healthcare Rights, Orders Private Hospital to Provide Free Treatment for Injured 12-Year-Old

Delhi, 31 August 2025 — A 12-year-old boy, Rishabh Singh Parihar, sustained serious injuries after falling from the first floor of his home in Delhi on 19 August 2025. The child required immediate hospitalization and was placed on a ventilator for critical care. His family, belonging to the Economically Weaker Section (EWS), did not have the financial resources to afford private treatment.

When no government hospital had an available ventilator bed, the family approached Shree Aggarsain International Hospital in Rohini. By that time, they had already incurred approximately ₹2 lakh in medical expenses, borrowed by the boy’s father, a daily wage laborer.

Following media reports highlighting the mounting medical bills and the family’s inability to continue treatment, the Delhi High Court took suo motu cognizance of the case. The court directed the private hospital to admit the child under the EWS category and provide continued treatment free of cost until the next hearing. The decision aligns with rules mandating free medical care for eligible patients from disadvantaged backgrounds.

EWS Healthcare Rules in Delhi

This case highlights the legal obligations of private hospitals allotted land at concessional or token rates. As per a 2018 Supreme Court ruling, such hospitals must provide 10% of inpatient (IPD) beds and 25% of outpatient (OPD) consultations free of charge to patients from the EWS category. Economically Weaker Section in India is defined as families with an annual income below ₹8 lakh, excluding those from SC/ST/OBC (Central list) and MBC in Tamil Nadu.

The Delhi High Court has consistently reinforced these obligations, noting that emergency situations like Rishabh’s case emphasize the need for strict oversight to ensure compliance with EWS mandates.

Wider Context

Courts across Delhi and other states have previously intervened to enforce EWS quotas in private hospitals. While some institutions have questioned eligibility criteria or applicability, the judiciary has repeatedly held that contractual conditions tied to concessional land allotment must be honored. For families with limited means, these provisions act as a critical safety net, ensuring access to lifesaving treatment even in private healthcare facilities.

Recent Similar Case: Rajiv Gandhi Cancer Hospital

In a related development, the Delhi High Court recently directed the Delhi government to decide within three months whether the Rajiv Gandhi Cancer Institute & Research Centre is obligated to provide free treatment to EWS patients, as per the Supreme Court’s 2018 mandate for hospitals allotted public land. The hospital had contended that it was not similarly situated to other private hospitals covered under the ruling.

(Rh/Eth/TL/MSM)