NHRC asked UP Government to pay monetary relief of Rupees One Lakh to the next of kin under trial prisoner died due to denial of adequate medical care
New Delhi, May 1, 2009
The National Human Rights Commission has recommended to the Government of UP to pay a sum of Rs. One Lakh as monetary relief to the next of kin of deceased Chini, aged 20 who is an under trial prisoner in District Jail, Jaunpur, UP. He died in the jail on 19th September, 2001 due to inadequate medical care.
The Commission took cognizance on the complaint made by his brother-in-law Kamlesh who was also lodged in the same jail alleged that Chini suffered from chest pain for two months before his death and he had died for want of medical care.
DG (Prisons), UP had admitted that the deceased had been complaining of fever, head ache and body pain for two months and he was not responding to the routine treatment in jail. The medical officer in the jail did not care to call a specialist for consultation. He was neither examined by a heart specialist nor treated for chest pain.
The Commission considered the report of DG (Prisons) and observed that the jail authorities had failed to discharge the duty of providing adequate medical care to the prisoner. The Commission therefore, issued the Show Cause Notice u/s 18 (a) (1) of the Protection of Human Rights Act, 1993 to the Chief Secretary, UP as to why monetary relief should not be given to the next of kin of the deceased. In reply to the Show Cause Notice, Special Secretary, Government of UP has pointed out that the post-mortem did not reveal any injury or any chronic disease and the cause of death was due to "Vasovagal shock leading to Syncope and sudden cardiac arrest." He has also informed the Commission that the disciplinary action has been initiated against the delinquent medical staff. The Special Secretary, Government of UP has pleaded before the Commission that in view of post-mortem report, the monetary relief should not be recommended for the next of kin of the deceased.
The Commission considered the reply of Special Secretary, UP and observed that the prisoner had been complaining of chest pain for two months before his death and he was never examined by a heart specialist or treated for chest pain in spite of he was not responding to the routine treatment. The Commission concluded that the omission to call a specialist indicates negligence on the part of the prison authorities. Therefore the State cannot escape its liability to compensate the family of the deceased. Considering the age of the deceased and negligence on the part of doctors, the Commission recommended to the UP Government to pay a sum of Rs. One Lakh as monetary relief to the next of kin of the deceased Chini. The Commission had also asked the Chief Secretary, UP to submit the compliance report and proof of payment within eight weeks from the receipt of the letter.
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The National Human Rights Commission has recommended to the Government of UP to pay a sum of Rs. One Lakh as monetary relief to the next of kin of deceased Chini, aged 20 who is an under trial prisoner in District Jail, Jaunpur, UP. He died in the jail on 19th September, 2001 due to inadequate medical care.
The Commission took cognizance on the complaint made by his brother-in-law Kamlesh who was also lodged in the same jail alleged that Chini suffered from chest pain for two months before his death and he had died for want of medical care.
DG (Prisons), UP had admitted that the deceased had been complaining of fever, head ache and body pain for two months and he was not responding to the routine treatment in jail. The medical officer in the jail did not care to call a specialist for consultation. He was neither examined by a heart specialist nor treated for chest pain.
The Commission considered the report of DG (Prisons) and observed that the jail authorities had failed to discharge the duty of providing adequate medical care to the prisoner. The Commission therefore, issued the Show Cause Notice u/s 18 (a) (1) of the Protection of Human Rights Act, 1993 to the Chief Secretary, UP as to why monetary relief should not be given to the next of kin of the deceased. In reply to the Show Cause Notice, Special Secretary, Government of UP has pointed out that the post-mortem did not reveal any injury or any chronic disease and the cause of death was due to "Vasovagal shock leading to Syncope and sudden cardiac arrest." He has also informed the Commission that the disciplinary action has been initiated against the delinquent medical staff. The Special Secretary, Government of UP has pleaded before the Commission that in view of post-mortem report, the monetary relief should not be recommended for the next of kin of the deceased.
The Commission considered the reply of Special Secretary, UP and observed that the prisoner had been complaining of chest pain for two months before his death and he was never examined by a heart specialist or treated for chest pain in spite of he was not responding to the routine treatment. The Commission concluded that the omission to call a specialist indicates negligence on the part of the prison authorities. Therefore the State cannot escape its liability to compensate the family of the deceased. Considering the age of the deceased and negligence on the part of doctors, the Commission recommended to the UP Government to pay a sum of Rs. One Lakh as monetary relief to the next of kin of the deceased Chini. The Commission had also asked the Chief Secretary, UP to submit the compliance report and proof of payment within eight weeks from the receipt of the letter.
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