Death of 44 children at the Government run Sant Baldev Das Bajoria Chikitsalaya.
NATIONAL HUMAN RIGHTS COMMISSION
SARDAR PATEL BHAWAN
NEW DELHI
Name of the Complainant : Suo Motu
Case No. : 29774/24/2002-2003
Date : 03 November 2003
CORAM
Dr. Justice A. S. Anand, Chairperson
Justice (Mrs) Sujata V. Manohar, Member
Justice Y. Bhaskar Rao, Member
Shri R. S. Kalha, Member
PROCEEDINGS
Distressed by press report which appeared in the Indian Express dated 02.12.2002 indicating 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 17.12.2002 for his response within four weeks. The response from the Chief Secretary has not been received.
The Commission received a communication from SSP, Saharanpur, forwarding a copy of the report of C.O. (II) giving a brief account of the action taken by the authorities in the matter of death of children in the said Chikitsalaya. That report, however, did not address the basic issues. The Commission once again on 11.6.2003 sought report from the Chief Secretary, Govt. of U. P., and particularly he was asked to respond to the issues raised in the press report like non-availability of major antibiotics, life saving drugs, oxygen cylinders, suction machines and ventilators. A copy of the proceedings dated 9.6.2003 was also forwarded to the Chief Secretary for his response within four weeks. 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 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 received from the Chief Medical Officer, Saharanpur dated 2 September 2003. That report also does not address itself to the main concerns raised by the Commission in its earlier proceedings. There is no indication whether the direction to the Chief Secretary to have the Chikitsalaya inspected by Director, Health Services has been carried out.
The Commission views 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. The State Government should appreciate that it is under an obligation to respond to the Commission under the Protection of Human Rights Act, 1993. The Commission calls upon the Chief Secretary, finally, to respond to the concerns expressed by the Commission and to carry out the directions issued by it in its various proceedings including the proceedings of 9th June, 2003, a copy whereof had already been sent to him, failing which the Commission would be compelled to exercise its powers u/s 13 of the Protection of Human Rights Act, 1993.
The needful shall be done by the Chief Secretary, Government of Uttar Pradesh, within four weeks.
SARDAR PATEL BHAWAN
NEW DELHI
Name of the Complainant : Suo Motu
Case No. : 29774/24/2002-2003
Date : 03 November 2003
CORAM
Dr. Justice A. S. Anand, Chairperson
Justice (Mrs) Sujata V. Manohar, Member
Justice Y. Bhaskar Rao, Member
Shri R. S. Kalha, Member
PROCEEDINGS
Distressed by press report which appeared in the Indian Express dated 02.12.2002 indicating 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 17.12.2002 for his response within four weeks. The response from the Chief Secretary has not been received.
The Commission received a communication from SSP, Saharanpur, forwarding a copy of the report of C.O. (II) giving a brief account of the action taken by the authorities in the matter of death of children in the said Chikitsalaya. That report, however, did not address the basic issues. The Commission once again on 11.6.2003 sought report from the Chief Secretary, Govt. of U. P., and particularly he was asked to respond to the issues raised in the press report like non-availability of major antibiotics, life saving drugs, oxygen cylinders, suction machines and ventilators. A copy of the proceedings dated 9.6.2003 was also forwarded to the Chief Secretary for his response within four weeks. 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 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 received from the Chief Medical Officer, Saharanpur dated 2 September 2003. That report also does not address itself to the main concerns raised by the Commission in its earlier proceedings. There is no indication whether the direction to the Chief Secretary to have the Chikitsalaya inspected by Director, Health Services has been carried out.
The Commission views 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. The State Government should appreciate that it is under an obligation to respond to the Commission under the Protection of Human Rights Act, 1993. The Commission calls upon the Chief Secretary, finally, to respond to the concerns expressed by the Commission and to carry out the directions issued by it in its various proceedings including the proceedings of 9th June, 2003, a copy whereof had already been sent to him, failing which the Commission would be compelled to exercise its powers u/s 13 of the Protection of Human Rights Act, 1993.
The needful shall be done by the Chief Secretary, Government of Uttar Pradesh, within four weeks.