| Case No.- 1965/34/8/2021 |
| NATIONAL HUMAN RIGHTS COMMISSION |
| (LAW DIVISION) |
| * * * |
| MANAV ADHIKAR BHAWAN, BLOCK-C, |
| G.P.O. COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| Date : 21/04/2023 |
| To, |
| THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, DPRD BUILDING, HEC DHURWA, RANCHI, JHARKHAND JHARKHAND JHARKHAND 834004 Email- dgp@jhpolice.gov.in |
| Sub : Complaint/Intimation from |
ONKAR VISHWAKARMA, HUMAN RIGHTS ACTIVIST |
| Subject: Additional Information Called for -1965/34/8/2021. |
| Sir/Madam, |
| I am directed to say that the matter was considered by the Commission on 21/04/2023 and the Commission has directed as follows.: |
| The complainant, a human rights activist, has drawn attention of the Commission towards news published in Dainik Bhaskar dated 31.10.2021 wherein it is reported that the victim named Chanchala Devi died due to negligence of doctor in a government run hospital. It has been further reported that the victim was admitted with labour pain in Mother Child Health Unit, Chaitadih, Giridih and the treating doctor demanded an amount of Rs. 25000/- for caesarean delivery. As the victims could pay only an amount of Rs. 7,000/-, the treating doctor left the OT and the victim died because of excessive bleeding after delivery of a girl baby. In this regard, a case has also been registered in the police station Panchaba. The complainant has requested compensation to the NOK of the deceased and action against the treating doctor. The Commission took cognizance in this matter on 29.12.2021 and directed the Pr. Secretary, Health, Govt of Jharkhand and the DC, Giridih to submit action taken report in the matter. The Commission vide proceedings dated 01.07.2022 the Commission considered the enquiry report dated 09.05.2022 submitted by the Dy. Commissioner, Giridih along with CMO, Giridih and observed and directed as under: "It has been established prima facie that, there was negligence on the part of hospital staff and administration who behaved in a negligent and improper manner, unbecoming of a public servant, which resulted in death of a lady. Moreover, it was the responsibility of the administration of hospital, to make necessary arrangements and ensure proper supervision for assessment, treatment and post operative care of the patients and at the same time it is the responsibility State health department to ensure availability of adequate number of staff in its hospitals, so that the basic human right of health of the individuals is not compromised and the State have failed to perform its responsibilities for which it is vicariously liable. Hence the next of kin of the deceased should be monetarily compensated. In view of aforesaid reasons, let a notice u/s 18 of the Protection of Human Rights Act, 1993 be issued to the Principal Secretary, Department of Health and Family welfare, Government of Jharkhand, Ranchi, to show-cause as to why a monetary compensation of Rs. 3 Lacs be not recommended to be paid to the NOK of the deceased Chanchla Devi W/o Gulab Mishra. Response within 06 weeks. In addition, the Superintendent of Police, Giridih, Jharkhand is directed to submit updated investigation report in FIR No. 134/2021, dated 30.10.2021 u/s 304A IPC, PS Pachanba, Giridih, within four weeks." In furtherance to the directions above, a recent report dtd 29.09.2022 has been forwarded by the SP, Giridih. Report reveals that, in relation to PS Pachamba FIR no. 134/2021 dtd 30.10.2021 u/s 304A IPC filed against the Dr, Megha Sharma, Gynaecologist, Chaitadih Hospital, Giridih, the IO considered the PMR of the deceased victim/ Chanchala Kumari. The PMR could not ascertain the cause of death and viscera were preserved and sent to FSL Ranchi for examination. The report of the FSL lab is awaited and final cause of death could be ascertained only after receiving of the FSL report. Further, in order to ascertain whether there was negligence on the part of Dr. Megha Sharma or not an opinion was sought from the CMO, DH/Giridih by the IO Pachamba PS on dtd 12.08.2022, on the provided Inquiry report (dtd 09.04.2022). The CMO/Giridih provided his expert opinion vide its letter no 2112 dtd 24.09.2022. It was opined in the report that; i. after scrutinizing the Inquiry report of the Committee, no negligence on the part of concerned doctor could be found; In response, a report dtd 07.02.2023 is submitted by the SP, Giridih stating that lawful action in this alleged case of medical negligence against Dr. Megha Sharma, Gynaecologist, Chaitadih Hospital, Giridih is still pending for want of awaited FSL report of the preserved viscera from FSL, Ranchi. In addition, a copy of the intra departmental latter written by the Under Secretary, Govt of Jharkhand to the Addl. Chief Secretary, Health, Govt of Jharkhand has been received, wherein it has been requested to take departmental action against the delinquent official and intimate the government so that decision could be taken for awarding compensation to the deceased victim. The commission has considered the report. It is evident from the presented reports that the final opinion with regard to ascertaining medical negligence of the concerned gynaecologist is pending for want of the FSL report. The Commission also take a note of the fact that the FSL reports in the labs of the Jharkhand states in complicated matters of matters (as in this case of medical negligence) is kept pending for preparation for more than a year (as in this case). Such delay not only destroy the evidentiary value of the preserve viscera but also the criminal cases and entire judicial machinery is kept at halt, thereby adding further misery and pain to the already turmoiled life of the victim and its family. Therefore, let directions be issued to the DGP, Jharkhand to ensure collection of the pending FSL report in the present matter and submit updated/ concluding report in FIR No. 134/2021, dated 30.10.2021 u/s 304A IPC, PS Pachanba, Giridih, The DGP is further directed to issue necessary directions to the FSL units within the State to submit the reports expeditely, once the viscera is sent to them for examination (preferably issue time frame). Response to be submitted within 06 weeks. |
| 2. It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 12/06/2023, for futher consideration by the Commission. |
| 3. Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login), or through Speed Post/ at email-id cr.nhrc@nic.in. Any Audio/ Video CDs/ pen drives etc. and bulky reports may be sent through Speed Post/ per bearer. |
Your’s faithfully Sd/- K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291 Email. ar5.nhrc@nic.in |
| CC to |
No comments:
Post a Comment