NHRC recommends rupees two lakh monetary relief in a case of death in mental hospital.
New Delhi, December 22, 2009
The National Human Rights has recommended that the Government of Uttar Pradesh pay rupees two lakh as monetary relief to the next of kin of Rajender Kumar, a mental patient, who died following physical assault at Mental Hospital Bareilly in the State. Complaint regarding this was sent to the Commission by Mahender Kumar, brother of deceased, who alleged that Rajender was killed by Dr. Rakesh Saxena and his accomplices in the hospital on the 6th October, 2004.
Rajender Kumar was under the private treatment of Dr. Saxena. However, the cost of treatment being high, his brother admitted him in the district Mental Hospital. This step allegedly annoyed Dr. Saxena. His brother said in his complaint that at the instance of Dr. Saxena, the hospital employees started torturing Rajender and he eventually died in the hospital on the 6th October, 2004. Injury marks on the forehead, eyes and near the ears were noticed on his body.
The Commission while pursuing the case no. 26166/24/2004-2005 found that autopsy surgeon opined the cause of death as shock and haemorrhage due to rupture of a small intestine which could be possible by a blunt object or by fist blows. The Magistrate in his inquiry concluded that Rajender was beaten up severely by the hospital attendant Bala Sahai and the two other mental patients Shalender Mehra and Bahadur Singh as a result of which he suffered rupture of small intestine. He also held responsible the medical officer and staff of the mental hospital for negligence in preventing the incident. However, the allegations against Dr. Saxena were not substantiated during the magisterial inquiry. However, the Commission was informed by the State Government that Dr. Saxena was being proceeded against departmentally for committing negligence as a medical officer of the hospital.
On consideration of the facts and circumstances of the case, the Commission ordered issuance of a notice on the 13th April, 2009 to the Chief Secretary, Government of Uttar Pradesh calling for report on the action taken against the hospital attendant Bala Sahai and the two mental patients involved in the beating of Rajender. The Government of Uttar Pradesh only informed that Dr. Saxena has been punished with censure and stoppage of two increments, but it is silent on the questions raised by the Commission in its notice. No response having received on the notice despite a reminder, the Commission presumed that the Government of Uttar Pradesh has nothing to say in the matter. Therefore, it recommended that the Government of Uttar Pradesh pay a monetary relief of rupees two lakh to the next of the kin of deceased. The Commission has directed the Chief Secretary of the State to inform it of any action against the hospital attendant Bala Sahai and others along with the proof of payment within six weeks after the receipt of the order.
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The National Human Rights has recommended that the Government of Uttar Pradesh pay rupees two lakh as monetary relief to the next of kin of Rajender Kumar, a mental patient, who died following physical assault at Mental Hospital Bareilly in the State. Complaint regarding this was sent to the Commission by Mahender Kumar, brother of deceased, who alleged that Rajender was killed by Dr. Rakesh Saxena and his accomplices in the hospital on the 6th October, 2004.
Rajender Kumar was under the private treatment of Dr. Saxena. However, the cost of treatment being high, his brother admitted him in the district Mental Hospital. This step allegedly annoyed Dr. Saxena. His brother said in his complaint that at the instance of Dr. Saxena, the hospital employees started torturing Rajender and he eventually died in the hospital on the 6th October, 2004. Injury marks on the forehead, eyes and near the ears were noticed on his body.
The Commission while pursuing the case no. 26166/24/2004-2005 found that autopsy surgeon opined the cause of death as shock and haemorrhage due to rupture of a small intestine which could be possible by a blunt object or by fist blows. The Magistrate in his inquiry concluded that Rajender was beaten up severely by the hospital attendant Bala Sahai and the two other mental patients Shalender Mehra and Bahadur Singh as a result of which he suffered rupture of small intestine. He also held responsible the medical officer and staff of the mental hospital for negligence in preventing the incident. However, the allegations against Dr. Saxena were not substantiated during the magisterial inquiry. However, the Commission was informed by the State Government that Dr. Saxena was being proceeded against departmentally for committing negligence as a medical officer of the hospital.
On consideration of the facts and circumstances of the case, the Commission ordered issuance of a notice on the 13th April, 2009 to the Chief Secretary, Government of Uttar Pradesh calling for report on the action taken against the hospital attendant Bala Sahai and the two mental patients involved in the beating of Rajender. The Government of Uttar Pradesh only informed that Dr. Saxena has been punished with censure and stoppage of two increments, but it is silent on the questions raised by the Commission in its notice. No response having received on the notice despite a reminder, the Commission presumed that the Government of Uttar Pradesh has nothing to say in the matter. Therefore, it recommended that the Government of Uttar Pradesh pay a monetary relief of rupees two lakh to the next of the kin of deceased. The Commission has directed the Chief Secretary of the State to inform it of any action against the hospital attendant Bala Sahai and others along with the proof of payment within six weeks after the receipt of the order.
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