NATIONAL HUMAN RIGHTS COMMISSION, INDIA
procedure. In view of above, it is recommended that the team which is providing permanent
contraceptive procedures need to undergo training in N.R.H.M. guidelines.”
iv.
The Commission carefully considered the materials on record and took note of the facts
and circumstances of the case. The Commission observed and directed as under:
“From the materials on record, it could be seen that the deceased died due to post
complication of tubectomy surgery and the Department of Health & Family Welfare,
Government of Chhattisgarh had also accepted negligence on the part of treating doctors.
Ever since there was a scheme for extending a benefit of Rs. 2 lakhs to the next of the kin of
the deceased under Family Planning Indemnity Scheme, and the said benefit was extended
to the NoK of the deceased because there was a consent form filled up at the time enrolment
for sterilization. Nevertheless it was a clear case of violation of human rights of the deceased,
In the circumstances, the Chief Secretary, Govt. of Chhattisgarh be directed to show cause u/s
18 (a) (i) of PHR Act, 1993 as to why a compensation of Rs.3,00,000/- (Rupees Three Lakhs)
should not be recommended to be paid to the next of the kin of the deceased within six weeks
positively.
The Principal Secretary, Health & Family Welfare, Government of Chhattisgarh be directed
to revamp the “Quality Assurance Committee” as mentioned in Annexure I of the Manual
for Family Planning Indemnity Scheme issued by the Ministry of Health & Family Welfare,
Government of India as to ensure whether pre-operative measures were followed or not and
to initiate action against the Doctor(s) who were the part of tubectomy surgery of Smt. Laxmi
Kanti.”
102
v.
Accordingly, a notice was issued to the Chief Secretary, Government of Chhattisgarh
calling upon him to submit a reply to the show cause notice on or before 27.06.19. The
Principal Secretary, Department of Health & Family Welfare, Government of Chhattisgarh
was also asked to submit an additional report by 24.06.19. However, no response was
received so far from the Government of Chhattisgarh.
vi.
Under these circumstances, while considering the matter, the Commission presumed
that the Government of Chhattisgarh had nothing to urge in the matter and accordingly
confirmed its Show Cause Notice. The Commission recommended to the Government of
Chhattisgarh to pay an amount of Rs. 3,00,000/- (Rupees Three Lakhs Only) as monetary
compensation to the NoK of the deceased Laxmi Kanti. Chief Secretary, Government of
Chhattisgarh shall submit compliance report along with proof of payment within four
weeks positively.
vii.
The Principal Secretary, Health & Family Welfare, Government of Chhattisgarh was also
reminded to revamp the “Quality Assurance Committee” as mentioned in Annexure I of the
Manual for Family Planning Indemnity Scheme issued by the Ministry of Health & Family
Welfare, Government of India to ensure whether pre-operative measures were followed
or not to initiate action against the Doctor(s) who were the part of tubectomy surgery of
Smt. Laxmi Kanti. He is directed to submit a report within four weeks positively.
ANNUAL REPORT 2019-20