The Constitution’s preamble guarantees the “dignity” of every citizen. In March, the government of West Bengal fulfilled its constitutional duty with welcome alacrity.

Moved by the untimely demise of citizen Sanjay Roy on 24 February the administration moved the state Assembly to enact the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Bill on 3 March, the governor gave his assent on 16 March and the bill became law.

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On the very next day, an 11-member West Bengal Clinical Establishment Regulatory Commission was set up as per this new law. Undaunted by the absence of brevity in legislative nomenclature, the Commission held its first meeting on 22 March demonstrating rare speed of state governance. Forthwith, at one stroke, one expects the end of negligence, excess billing and lack of transparency in all private sector hospitals, nursing homes, diagnostic clinics and medical establishments in West Bengal.

So far, things look good. A collective sigh of relief seems to have been heaved by sick denizens and their families. There is a general sense of relief that efficient and fair-priced medicare seems assured. After all, there is a statutory (not administrative) Commission to keep vigil over the two latter factors. 

One must be aware, though, that there is usually a flip side to most good things. Within every silver lining, paraphrasing the proverb, hangs a dark cloud. Prima facie, in the current instance, an unusual and unfortunate hidden lacuna lurks behind the swathe of good deeds and intentions cited above.

The paradox lies in that not all medical practitioners are “free birds”, metaphorically, to provide succour to ill folks lined up at their doors. Why? Because unlike clinicians and physicians, surgeons need full back up services of adequately equipped and staffed operation theatres (OTs) to deliver services required of them. In a knee jerk reaction to perceived uncertainties in the newfound era of thorough vigilance over current practices in private sector medicare establishments, doctors and paramedic support staff across the board are reportedly fearful of penalties that might lie in wait under the law.

For surgeons, the emerging scenario is a genuine matter of concern. On one hand, they are obliged to clearly explain to patients and their families details of why certain procedures are being considered and the approximate cost and risk involved. On the other hand, the reliability of failsafe OT facilities is wobbly right now. As a result, generally speaking, honest surgeons are caught between the devil and the deep sea. The sooner this anachronism is resolved, the better for all concerned. To revert to the original point, surely surgeons too need to have their “dignity” guaranteed. 

The writer pens non-fiction biographies and fictional short stories.