Four months after a medical student died post a hair transplant procedure at a salon in the city, the Madras High Court has directed the Central and State governments to answer queries, including why rules to regulate such salons/spas have not been framed when the Tamil Nadu Private Clinical Establishments (Regulation) Act was passed by the Assembly as early as on February 14, 1997.
“It is a fact that both the State legislatures as well as Parliament are slow in bringing appropriate legislation to deal with the present-day situation. This case would also establish the lack of follow-up action by the State legislature (both past governments and present government) after enactment of the Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997, by framing Rules to enforce the Act. Therefore, the Act has not come into force for the past 19 years,” Justice Kirubakaran said.
Referring to the Clinical Establishments (Registration and Regulation) Act, 2010, passed by the Central government, the judge wondered why when the Union government had enacted such a comprehensive legislation, the State government had failed to adopt the said Act by virtue of a resolution or pass a new Act.
The judge raised the queries on a plea moved by ARHT Global Hair Services Pvt. Ltd., the clinic where the medical student, Santhosh Kumar, underwent the procedure on May 15.
The clinic had approached the High Court to direct the authorities concerned to remove the lock and seal on its premises in Nungambakkam, Chennai, following the incident.
The firm contended that they had complied with all the procedures and obtained licences in accordance with law for running a hair clinic.
The court suo motu impleaded the Central and the State governments as respondents to the petition and posted the plea to September 19 for further hearing.
The clinic where a student died after hair transplant says it followed all procedures and obtained licences
