No More ‘Body as Collateral’: Assam Government Bans Private Hospitals from Withholding Deceased Bodies

New Delhi, 12 July 2025: The Assam state cabinet has approved a new rule requiring all private hospitals and nursing homes to release the bodies of deceased patients within two hours of death certification, regardless of unpaid medical bills. This directive comes after repeated complaints of hospitals holding bodies hostage to force families to settle dues, an act the Chief Minister called “against human dignity.” From August 1, any delay beyond the two‑hour window may attract severe penalties under the new Standard Operating Procedure and regulatory guidelines.

Strict Penalties for Violations: Fines and License Suspension

Violating hospitals face suspension of their licence for three to six months, along with fines up to ₹5 lakh. Repeat offenders risk permanent deregistration or cancellation of their licence. The Assam government has stated that this policy underscores human rights protections under Article 21 of the Indian Constitution, safeguarding the dignity of the deceased.

24×7 Helpline & Grievance Mechanism for Families To ensure compliance, a toll‑free helpline (number 104) will

be activated, allowing relatives to report instances of wrongful withholding. Upon receiving a complaint, district health officers, local police, and hospital grievance cells must respond within four hours, visit the hospital if needed, release the body, and initiate legal action.

Government Takes Aim at Coercive Billing Practices

This move marks an escalation from previous warnings and directives. During earlier months, the CM had warned against coercive billing practices and urged hospitals to treat pending dues independently without detaining patients or bodies.

Healthcare professionals have praised the policy as humane and necessary. Doctors have emphasised the need to review hospital billing operations and considered measures like advance payments or post‑dated cheques to avoid financial impasse, while ensuring patient and family dignity is preserved.

The SOP and regulatory guidelines were formally approved on July 10, 2025, and the policy will take effect from August 1, 2025. Reporting requirements mandate that families or authorities lodge complaints within four hours of any violation, triggering police and health department intervention.

The new rules send a clear message that healthcare providers must operate within ethical boundaries—even after a patient’s death. While hospitals retain the right to pursue unpaid bills legally, they cannot obstruct last rites or hold the body as leverage. Assam joins other progressive states in ensuring the sanctity of human dignity, even in grief.

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