SC Summons Health Officials Over Failure to Frame ICU Safety Standards; Slams States for ‘Casualness’.

New Delhi:

In a scathing rebuke to several states and Union Territories, the Supreme Court of India has summoned senior health officials from Punjab, Himachal Pradesh, Chandigarh, and Delhi for failing to frame and submit uniform standards for patient safety in Intensive Care Units (ICUs) and Critical Care Units (CCUs), despite repeated directives.

A Bench led by Justice Ahsanuddin Amanullah and Justice N.K. Singh expressed deep concern over what it termed the “casualness” shown by various governments in complying with the court’s earlier orders. The officials have been directed to appear in person before the Court on November 20, 2025, to explain the non-compliance.

Court Warns of Strict Action for Continued Non-Compliance

The Court noted that despite its indulgence and ample time given to conduct the required consultations and report submissions, the response from many states and UTs remained perfunctory, delayed, or completely absent.

“We are more pained than shocked by the casualness shown by various States,” the Court observed, adding, “It is time for the court to take serious cognizance of such casualness shown by the States/Union Territories.”

In an order dated October 13, the Court had specifically instructed states and UTs to submit their finalised reports to the Additional Solicitor General by October 5, following stakeholder consultations. However, compliance from several governments has been far from satisfactory.

The Bench warned that no excuses — including prior engagements or scheduling conflicts — would be entertained from the summoned officers. They are expected to appear with personally affirmed affidavits explaining the delay and outlining the steps taken so far.

States and UTs in Default

The Court listed the following as defaulting or non-compliant in submitting the mandated reports:

• States: Punjab, Himachal Pradesh, Arunachal Pradesh, Assam, Chhattisgarh, Goa, Gujarat, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Mizoram, Odisha, Rajasthan, Sikkim, Telangana, Tripura, West Bengal
• UTs: Chandigarh, Delhi (NCT), Jammu & Kashmir, Puducherry, Lakshadweep, Ladakh, Andaman & Nicobar Islands, Dadra & Nagar Haveli and Daman & Diu

The Court made it explicitly clear that if compliance is not ensured by the next hearing — or if reports are “casual or perfunctory” — strict action would follow against the officials and the respective state/UT administrations.

Background: 2016 PIL on Medical Negligence

This strong judicial intervention stems from a Public Interest Litigation (PIL) filed in 2016, highlighting the lack of standardised protocols and rampant negligence in ICUs and critical care units, particularly in private hospitals across India. The matter has since evolved into a broader exercise of ensuring uniform ICU standards nationwide.

On August 5, 2025, the Supreme Court had directed all states and UTs to hold stakeholder consultations — including with private and corporate hospitals — and to draft comprehensive norms covering aspects like ICU/CCU admissions, treatment protocols, staffing, hygiene, and infrastructure.

A three-member expert committee was constituted by the Court comprising:

• Aishwarya Bhati, Additional Solicitor General
• Karan Bharihoke, Amicus Curiae
• Dr. Nitish Naik, Professor of Cardiology, AIIMS New Delhi

States and UTs were required to complete their internal consultations by September 30 and forward their finalised reports to the committee by October 5.

Looking Ahead

This stern stand by the apex court underlines the growing urgency to regulate critical care services across India, ensuring patient safety, accountability, and minimum national standards. As ICU and CCU services become central to emergency and critical healthcare, particularly in post-pandemic India, uniform standards are essential to avoid tragic consequences stemming from mismanagement and inadequate facilities.

The next hearing on November 20 is likely to be pivotal, as the Supreme Court considers whether contempt or other punitive action is warranted against the erring states and officials.