NATIONAL HUMAN RIGHTS COMMISSION, INDIA
to shift the injured baby to the ICU or any other ward to save her life, therefore this is a
case of violation of human rights. Accordingly, the Commission called for a report on the
matter from the Chief Secretary, Government of Madhya Pradesh regarding action taken
against the responsible doctor/staff along with the measures taken to ensure that such
incidents do not recur in future.
100
iii.
In response, the Under Secretary, Medical Education Department, Government of Madhya
Pradesh reported that the Dean, Medical College, Sagar had constituted a four member
Enquiry Committee under the Chairmanship of Shri Virender Singh Rawat, Additional
Commissioner, Sagar for enquiry into the matter. During enquiry, Dr. Akhilesh Ratkar,
Assistant Professor stated before the Enquiry Committee that the relatives of the patient
were standing in vehement manner encroaching the whole ward. The information was
given to the Senior Medical Officer as well as the Police Station, while the treatment was
going on. Dr. Pushpraj Singh, Junior Resident, Surgery Department, Medical College, Sagar
stated before the Enquiry Committee that the relatives of the patient crowded around the
patient causing disturbances in the treatment. The Committee in its report concluded that
there was no negligence in treatment of the patient. There was no shortage of ventilators
in the Medical College and it was not required in the burn ward. The course of treatment
by the Doctor was in order and the management was advised to work carefully in future.
It was also reported that the Dean Medical College, Sagar suspended Dr. Jyoti Rout, Junior
Resident. However, the order of suspension of Dr. Jyoti Rout, Junior Resident was revoked
as there was no negligence in the treatment and she was directed to behave with patients
and relatives as a public servant in future. The cause of the death of the deceased child
was opined “due to asphyxia as a result of aspiration of gastric content into windpipe” as
per Postmortem Report.
iv.
Upon perusal of the report, the Commission observed that it had been prima facie
established that there was negligence on the part of Doctor on duty of Bundelkhand
Medical College, District Sagar, Madhya Pradesh, who behaved in a negligent, improper
and unethical manner unbecoming of a public servant. The Commission, therefore, issued
a notice under Section 18 of the Protection of Human Rights Act (PHRA), 1993 to the
Chief Secretary, Government of Madhya Pradesh to show-cause as to why a monetary
compensation of Rs. Three Lakh be not recommended to be paid to next-of-kin (NoK) of
the deceased Ansika Ahirwar.
v.
Despite reminder, no reply to the Show Cause Notice was received from the Chief Secretary,
Government of Madhya Pradesh. Under these circumstances, the Commission presumed
that the Government of Madhya Pradesh had nothing to urge in the matter and while
confirming the show cause notice, recommended to the Government of Madhya Pradesh
to pay an amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) as monetary compensation to
NoK of the deceased Ansika Ahirwar. The Chief Secretary, Government of Madhya Pradesh
was asked to submit a compliance report along with proof of payment within six weeks
ANNUAL REPORT 2019-20