Indian Medical Association vs VP Shantha

The case of Indian Medical Association vs VP Shantha is (1996 AIR 550) clarified the applicability of the Consumer Protection Act, 1986 (COPRA) to the medical profession in India. Here’s a summary:

Facts of Indian Medical Association vs VP Shantha

The issue revolved around the ambiguity regarding whether medical services fall under the ambit of COPRA, 1986. The increasing cases of medical negligence brought the question of whether hospitals, doctors and medical practitioners could be considered as providing “services” under COPRA. A Public Interest Litigation (PIL) was filed in the Supreme Court under Article 32 of the Indian Constitution to resolve this ambiguity.

Issues Raised

• Whether a medical practitioner can be regarded as providing “services” under COPRA.
• Whether the services rendered by hospitals or nursing homes fall under the definition of “services” in the Act.

Arguments

The respondents argued:

A distinction exists between professions and occupations and the Act only covers occupational services, excluding professional services. As the medical profession is a professional service, it should not be covered under COPRA.

Medical services constitute a contract of personal service, which is excluded from the definition of “services” under Section 2(1)(o) of the Act.

Indian Medical Association vs VP Shantha Judgement

The Supreme Court in Indian Medical Association vs VP Shantha held that the definition of “services” under COPRA is broad enough to include the healthcare and medical sector. The Court ruled that services rendered by doctors and medical practitioners are covered under the Act if they are paid services, either directly or through an insurance policy.

However, if the services are provided free of cost for charitable purposes, they do not fall under the definition of “services.” The decision marked a significant step in consumer protection by holding the medical profession accountable under COPRA.

This judgement in the Indian Medical Association vs VP Shantha clarified the legal position on medical negligence and established that medical professionals and institutions could be brought to justice for their negligence through consumer forums.