Kerala High Court: Urges Centre To Grant AIIMS Priority For Kerala

• The Kerala High Court recently urged the Central government to prioritize the establishment of an AIIMS in the state.
• A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM noted that despite Kerala's good healthcare indicators, its population density warrants an AIIMS for the poor and needy.
• The court's order was issued in response to two petitions seeking an AIIMS under the Pradhan Mantri Swasthya Suraksha Yojana.
• The Central government, represented by DSGI OM Shaline, confirmed that no in-principle approval has been granted for an AIIMS in Kerala.
• The Centre stated it is prioritizing states with weaker healthcare systems for AIIMS establishment, acknowledging Kerala's robust healthcare infrastructure.

This judicial emphasis on equitable access highlights a critical aspect of Kerala healthcare infrastructure that requires immediate attention, even in a state often lauded for its health outcomes.

The Kerala High Court recently issued a significant directive, urging the Central government to give precedence to the establishment of an All India Institute of Medical Sciences (AIIMS) facility within the state. This judicial observation came from a Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM, during proceedings in the case of AIIMS Kasargod Janakeeya Koottayma v. Union of India & Ors. The court acknowledged that while Kerala generally exhibits strong healthcare indicators, the sheer density of its population necessitates an AIIMS to adequately address the medical requirements of its economically disadvantaged citizens.

The bench explicitly stated its view that Kerala merits consideration on a priority basis. This stance is grounded in the understanding that the existing network of government hospitals, despite their presence, may not be sufficient to cater comprehensively to the healthcare needs of the poor and needy segments of the population. This judicial emphasis on equitable access highlights a critical aspect of Kerala healthcare infrastructure that requires immediate attention, even in a state often lauded for its health outcomes. The court's intervention underscores a perceived gap in specialized, affordable medical care for vulnerable groups.

The High Court's order was a direct response to two separate petitions that had been filed, both advocating for the establishment of an AIIMS in Kerala under the provisions of the Pradhan Mantri Swasthya Suraksha Yojana (PMSSY). During the hearing, Deputy Solicitor General of India (DSGI) OM Shaline presented the Central government's position, clarifying that no in-principle approval has yet been granted for an AIIMS in Kerala.

While the Centre has not rejected the proposal outright, DSGI Shaline conveyed that the government's current strategy involves prioritizing other states for AIIMS establishment. This prioritization is based on the principle of addressing regions with comparatively weaker healthcare systems first. The Centre's representative noted that Kerala possesses a robust healthcare system, and therefore, other states are being given precedence in the allocation of new AIIMS facilities. Many factors are taken into consideration when making these decisions, according to the Centre's submission. This clarifies the current Kerala AIIMS establishment status from the Union government's perspective.

The Kerala High Court AIIMS priority directive carries substantial weight for public health policy and legal advocacy concerning healthcare infrastructure. The court's explicit recognition that even in states with generally good health indicators, disparities in access for the poor can persist, necessitating central government intervention through initiatives like the Pradhan Mantri Swasthya Suraksha Yojana, underscores the critical need for accessible, high-quality public medical facilities. This observation by Chief Justice Soumen Sen AIIMS and Justice Syam Kumar VM highlights that even in states with generally good health indicators, disparities in access for the poor can persist, necessitating central government intervention through initiatives like the Pradhan Mantri Swasthya Suraksha Yojana.

For lawyers engaged in public interest litigation related to healthcare, this judicial stance provides a strong precedent. It indicates the Kerala High Court's clear concern for the medical needs of the underprivileged and its willingness to advocate for improved Kerala healthcare infrastructure to ensure equitable access. The court's emphasis on population density and the inadequacy of current government provisions for the poor could be a powerful argument in future petitions or policy discussions aimed at securing better medical facilities across the state, including the long-sought AIIMS.

Lawyers involved in public interest litigation concerning healthcare infrastructure or access to medical facilities in India, particularly Kerala, should note this judicial observation. It indicates the Kerala High Court's stance on the need for improved healthcare for the poor, which could be cited in future petitions or policy advocacy.

Source: Based on recent court proceedings.