Rupees two lakh monetary relief in a case of death of a patient in a mental hospital, Uttar Pradesh
(Case No. 26166/24/2004-2005)
Rajender Kumar was mentally disturbed and was under the private treatment of Dr. Rakesh Saxena of the District Mental Hospital, Bareilly, Uttar Pradesh. However, the cost of private treatment being high, his brother Mahender Kumar admitted him in the Mental Hospital. This step allegedly annoyed Dr. Saxena. In his complaint to NHRC, his brother, alleged that at the instance of Dr. Saxena, the hospital employees tortured Rajender and he eventually died in the hospital on the 6th October, 2004. Injury marks were noticed on Rajender's forehead, eyes and near the ears. Mahender Kumar suspected that his brother was killed by Dr. Saxena and his accomplices. The Commission 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. The Commission was informed by the State authorities 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 recommended that the Government of Uttar Pradesh pay monetary relief of rupees two lakh to the next of the kin of the deceased. It also sought to know what action against the hospital attendant Bala Sahai and others has been taken. The Government of Uttar Pradesh has only informed that Dr. Saxena has been punished with censure and stoppage of two increments.
On consideration of the facts and circumstances of the case, the Commission recommended that the Government of Uttar Pradesh pay monetary relief of rupees two lakh to the next of the kin of the deceased. It also sought to know what action against the hospital attendant Bala Sahai and others has been taken. The Government of Uttar Pradesh has only informed that Dr. Saxena has been punished with censure and stoppage of two increments.