6.153 The Ministry of Coal and Mines has complied with the recommendations made by the Commission. However, the Commission felt that the case should be kept alive and a six-monthly periodical report be called from the Secretary, Ministry of Coal and Mines. 36. Discovery of Half-Burnt Foetuses from a Well in Pataudi Town, Gurgaon, Haryana (Case No. 795/7/5/2007-2008) 6.154 On 15 June 2007, 'Amar Ujala' carried a news item highlighting the malpractices in Beaulla Maternity and Nursing Home in Pataudi town of Gurgaon District, Haryana. According to the report, a Health Department raid on the nursing home resulted not just in the recovery of an ultrasonic machine and instruments for medical termination of pregnancy (MTP), but also remains of aborted foetuses from a well near the nursing home. 6.155 The Commission took suo motu cognizance of the news report and called for comments from the Chief Secretary and the Director General of Police, Haryana. A team from the Investigation Division of NHRC was also deputed to make on-the-spot enquiry. 6.156 The investigation team reported that the nursing home was being run by one Arvind Kumar Singh, a retired Medical Assistant who had masqueraded as a qualified doctor. He was using the ultrasonic machine and MTP instruments for termination of pregnancies in violation of the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). Dr. Jai Narayan, Senior Medical Officer had willfully helped A.K. Singh in this unlawful activity. Dr. M.D. Sharma, District Family Welfare Officer, Gurgaon was also found guilty of dereliction of duty by the investigation team, since he failed to conduct periodical inspection of the nursing home as required under the law. 6.157 The report of the investigation team was transmitted to the Chief Secretary and the Director General of Police, Haryana for necessary action and for seeking their response to the following specific questions: "What action, if any, has been initiated against the CMO, the DFWO and the SMO for their failure to take timely action against the Nursing Home? What action is the State Government taking to check such malpractices in other parts of the State?" 6.158 The Director General of Police, Haryana submitted a report dated 28 December 2007 stating that FIR No. 101/2007 u/s 420/417/312/313 IPC and Section 15 of PCPNDT Act 1994 had been registered at Police Station Pataudi. During the investigation of the case, A.K.Singh was arrested but his wife Beaulla Singh obtained anticipatory bail from the Court. After completion of the investigation, a charge sheet was also submitted in the Court against both the accused. 6.159 As no report was received from the Director General (DG), Health Services, Haryana, the Commission issued conditional summons for his personal appearance on 30 April 2008 along with the requisite reports. Further proceedings are going on in the case. National Human Rights Commission 61

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