NHRC redirects the Government of Bihar to submit action taken report against the jail doctors in a case of death in judicial custody due to medical negligence

New Delhi, 31st December, 2021

The National Human Rights Commission (NHRC) India, has considered a report from IG Prisons and Reform Services, Bihar of payment of Rs. 3 lakh as compensation in a case of death of an undertrial prisoner (UTP) due to medical negligence. The Commission noted that the report is silent on the final outcome of departmental proceedings against the doctors who were indifferent and negligent in treatment of the UTP. The Commission has therefore, directed the Chief Secretary, Government of Bihar to submit the action taken report against the doctors.

The victim was imprisoned on 8th July, 2018 and was undergoing treatment at the Jail Hospital. On 14th July, 2018, he was referred to Sadar Hospital, Purnia but the doctor declared him brought dead.

The Commission observed that the magisterial enquiry has concluded that the victim was reported to be aggressive during the imprisonment. He was not treated professionally by the jail doctors and was even confined with handcuffs. The doctors also concealed the condition of the victim from the concerned State Authorities. The magistrate in his report clearly held that the death happened due to medical negligence of the jail doctors.

The Commission, after examination of the report by its Investigation Division, had further observed that the victim was probably suffering from alcohol withdrawal and the violent methods used by the doctors resulted in his death. Therefore, the Commission had issued a Show Cause Notice to the Govt. of Bihar through its Chief Secretary, recommending a compensation of Rs. 3 lakh to the next of kin of the deceased victim. In addition the Chief Secretary, Govt. of Bihar was directed to take action on the findings of Magisterial Enquiry Report as medical negligence has been established against jail doctors.

The Commission, in a report submitted by the IG Prisons and Correctional Services, observed that departmental action was taken against the Superintendent and three other jail employees. An another response from the IG Prisons and Reform Services submitted the report revealing payment of compensation of Rs. 3 lakh to next of kin of the deceased victim.

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