Know Your Rights

Patient Rights & PM-JAY Help

What Indian law actually says when a hospital denies emergency treatment, detains a patient or a body over an unpaid bill, or refuses a valid Ayushman Bharat card. This is general information, not a substitute for a lawyer, and the specific facts of your situation matter.

No. In Paramanand Katara v. Union of India (1989), the Supreme Court held that every doctor, in a government or private hospital, has a professional obligation to immediately attend to a patient in a life-threatening emergency and stabilize them, before any procedural or payment formalities. This duty flows from the right to life under Article 21 of the Constitution, and the Clinical Establishments Act, 2010 (adopted by some states) separately requires emergency treatment regardless of ability to pay. A hospital can ask for payment or a deposit, but it cannot make treatment conditional on receiving one first when a life is at risk.

This is widely treated as unlawful. Courts, including the Bombay High Court, have held it is unacceptable to detain a patient who is medically fit for discharge simply because of a billing dispute. A hospital's recourse for an unpaid bill is to pursue it through normal legal or civil means, not by physically holding a patient hostage to the bill.

No. The same principle applies to a body as to a living patient: a hospital cannot withhold a deceased patient's body from their family on procedural grounds, including a payment dispute. If this happens, it's worth immediately and calmly stating this in writing to hospital administration (see the template letter below) and, if needed, contacting the police or a local human rights or legal aid body the same day.

This is a reportable violation of the scheme's rules. Ask the hospital administration, in writing if possible, for their specific reason for refusing the card. Note the date, time, and the name of whoever refused you. Then call the PM-JAY national helpline at 14555, available 24 hours, or file a complaint through the CGRMS (Centralized Grievance Redressal Management System) online portal. If it isn't resolved, it escalates to a District or State Grievance Committee, typically within about 15 days.

Emergency stabilization is still owed to you regardless (see the first question above). Once stabilized, ask the hospital's billing or Ayushman Mitra desk whether you might be eligible for PM-JAY, a state health scheme, CGHS, or ESIC before assuming you have to pay privately. See our guides on Ayushman Bharat PM-JAY and on state schemes for how to check.

District Legal Services Authorities (DLSA), part of the National Legal Services Authority (NALSA) network, provide free legal aid and exist in every district in India. The National Human Rights Commission (NHRC) and State Human Rights Commissions also accept complaints about denial of emergency care. For PM-JAY-specific issues, the 14555 helpline and CGRMS portal are the fastest first step.

14555 PM-JAY national helpline CGRMS Portal File a PM-JAY complaint online NALSA Free legal aid, every district

Template letter to hospital administration

Use your browser's print dialog and choose "Save as PDF" if you want a digital copy. Fill in the bracketed details before sending.

To,
The Medical Superintendent / Hospital Administrator
[Hospital name and address]

Date: [DD/MM/YYYY]

Subject: Request regarding [discharge of patient / release of deceased's body / provision of emergency treatment] for [Patient name], [Admission/Reference number if available]

Dear Sir/Madam,

I am the [relation, e.g. son/daughter/spouse] of [patient name], currently admitted at your hospital under [doctor's name / department], or deceased on [date, if applicable].

I am writing to formally request [choose: immediate discharge of the patient / release of the deceased's body / immediate emergency treatment], as [describe situation briefly, e.g. "the patient is medically fit for discharge" or "treatment is being withheld pending payment"].

I understand there is a billing matter of [amount, if known] under discussion. I am committed to resolving this through the appropriate channel. However, I do not believe this can lawfully be a condition for [discharge / release of the body / emergency treatment], per the principle established by the Supreme Court in Paramanand Katara v. Union of India (1989) that emergency medical care and basic patient rights cannot be made conditional on payment.

I would appreciate a written response within 24 hours. If this matter is not resolved, I will be escalating it to [the PM-JAY grievance helpline (14555) / the District Legal Services Authority / the appropriate authority], as applicable.

Sincerely,
[Your name]
[Your phone number]
[Your signature]

This page explains general legal principles for information purposes and is not legal advice specific to your situation. Laws and their local application can vary; for a serious dispute, contact NALSA (free legal aid) or a lawyer. If something here is inaccurate or outdated, please let us know.

Patient Rights & PM-JAY Help

Template letter to hospital administration

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