Distressed by a press report which appeared in the Indian Express dated 02.12.2002 about the death of 44 children at the Government run Sant Baldev Das Bajoria Chikitsalaya, the Commission took suo-motu cognizance and issued notice to the Chief Secretary, Uttar Pradesh on 17 December 2002 for his response within four weeks.
The Commission has since received a communication from SSP, Saharanpur, with a copy of the report giving a brief account of the action taken by the authorities in the matter of the death of the children in the said Chikitsalaya. That report, however, did not address the basic issues so the Commission once again on 11.6.2003 sought a report from the Chief Secretary, Govt. of U. P. It asked for a response to the issues raised in the press report like non-availability of life saving drugs and antibiotics, oxygen cylinders, suction machines and ventilators. The Chief Secretary was further directed to have the hospital inspected by Director, Health Services or his nominee to find out the exact state of affairs in the said Chikitsalaya. The Chief Secretary was also directed that after the report was received from the Director, Health Services or his nominee as regards the state of affairs of the hospital, he should scrutinize the same and send the report together with his comments to this Commission within four weeks. The needful has not been done till date.
A communication has been, however, received from the Chief Medical Officer, Saharanpur dated 2 September 2003. This report like that of the SSP's report did not address itself to the main concerns raised by the Commission. There was no indication whether the direction to the Chief Secretary to have the Chikitsalaya inspected by Director, Health Services has been carried out.
The Commission viewed the casual attitude of the State Government of U. P. in general and of the Chief Secretary, Government of U. P. in particular, in dealing with directions of this Commission with concern and observed that the State Government should appreciate that it is under an obligation to respond to the Commission under the provisions of the Protection of Human Rights Act, 1993. The Commission once again has called upon the Chief Secretary to respond to the concerns expressed by the Commission and to carry out the directions issued by it within 4 weeks, failing which the Commission would be compelled to exercise its powers u/s 13 of the Protection of Human Rights Act, 1993