India

Can I file a complaint against a government hospital?

30 days
RTI response time
2 years
CPA limitation
₹10
RTI fee
Free
CPA filing fee
The Short Answer

Yes, you can file a complaint against a government hospital in India under the Consumer Protection Act, 2019, the Right to Information Act, 2005, or through state health grievance redressal mechanisms.

What the Law Says

Indian law recognises patients’ rights and provides multiple legal avenues to raise grievances against government hospitals — including consumer forums, RTI applications, and dedicated health grievance systems.

Under the Consumer Protection Act, 2019, services provided by government hospitals are considered 'services' — and if deficient (e.g., negligence, delay, denial of care), patients can file complaints before District, State, or National Consumer Disputes Redressal Commissions.

The Right to Information Act, 2005 empowers citizens to seek information about hospital functioning, staff deployment, equipment status, or reasons for treatment delays — helping build evidence for further action.

The National Health Mission (NHM) mandates State Health Societies to operate online grievance redressal portals (e.g., 'Jan Arogya Portal') with strict service-level agreements — complaints must be acknowledged within 24 hours and resolved within 72 hours for urgent clinical issues.

Statutory Text

‘Service’ means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information…

Consumer Protection Act, 2019, s. 2(42) — Definition of 'service'
Statutory Text

Every Central Public Authority shall, within one hundred twenty days from the commencement of this Act, publish… (d) the powers and duties of its officers and employees; (e) the procedure followed in the decision making process…

Right to Information Act, 2005, s. 4(1)(d) & (e)

What Courts Have Said

Indian courts have consistently held that government hospitals owe a duty of care to patients and cannot claim immunity from accountability for medical negligence or administrative failure.

Parmanand Katara v. Union of India
Supreme Court of India · 1989

Held that every doctor — including those in government hospitals — has an absolute duty to provide immediate medical aid to save life, regardless of procedural formalities or police clearance.

Indian Medical Association v. V.P. Shantha
Supreme Court of India · 1995

Clarified that medical services rendered by government hospitals fall under ‘service’ under the Consumer Protection Act, making them liable for deficiency in service.

What to Do

1

File a written complaint with the hospital’s Medical Superintendent or Chief Medical Officer (CMO) — get an acknowledgement.

2

If unresolved in 15 days, escalate to the District Health Officer or State Health Grievance Portal (e.g., https://janarogya.gov.in).

3

For negligence causing harm, file a complaint in the District Consumer Disputes Redressal Commission (no court fee for claims up to ₹1 crore).

4

Use RTI to obtain records (e.g., admission register, treatment logs, staff roster) — pay ₹10 fee and expect reply within 30 days.

5

In emergencies involving denial of care or life-threatening delay, approach the High Court under Article 226 or call the NHM Helpline (102).

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.