Annual Report 2013-14 4.123 Response received from the State Government is under consideration of the Commission. 14. Death of an Inmate in a Juvenile Home in Ghumanganj, Uttar Pradesh due to Medical Negligence (Case No. 2548/24/4/09-10-DH) 4.124 The Commission received an intimation dated 7 April 2009 from Assistant Superintendent, Government Protection Home, Allahabad regarding the death of juvenile Ramu s/o Jang Bahadur on 7 April 2009 at MLN Hospital, Allahabad. The deceased was in the custody of the Protection Home in connection with case FIR no. 94/09 u/s 363/366 IPC. 4.125 A complaint dated 9 April 2009 was also received from the Shri Jang Bahadur alleging that his son Ramu Patel had eloped with a girl on 10 February 2009 and thereafter he along with the girl had surrendered at the Police Station Mau Aiama on 14 March 2009. His son, being a minor, was shifted to Juvenile Home, Ghumanganj on 30 March 2009. When he went to meet his son, on 5 April 2009, he was told by his son that the family members of the girl were planning to kill him in connivance with the staff of Juvenile Home. He further alleged that on7 April 2009, his son was murdered by Dr. Lallan Prasad and Juvenile Home Staff. The complaint was registered as case No. 2548/24/4/09-10 and clubbed with this case. 4.126 As directed by the Commission, the Investigation Division obtained relevant reports from concerned authorities. According to the reports received from the authorities of the Juvenile Home, the juvenile had died due to illness and no injury marks were found on his dead body. Reports including magisterial enquiry report, viscera report, and postmortem report were analyzed. Though the definite cause of death couldn’t be ascertained but it was concluded as an unnatural death. Further analysis of the reports revealed that when the juvenile was reported sick on 6 April, 2009 (one day prior to his death), he was given some medicine by the nurse of the Juvenile Home without any consultation from the doctor. Later, when the condition of juvenile deteriorated in early hours of 7 April 2009, he was taken to Moti Lal Hospital, Allahabad where he was declared brought dead at 6.05 a.m. 4.127 Considering these peculiar facts and circumstances of the case where a young inmate died within one week of his detention at Juvenile Home, and final cause of death was not clear and adequacy of the medical treatment was under cloud, the Investigation Division recommended for expert forensic opinion as to whether adequate medical treatment was given to the juvenile. The forensic expert after careful study of all the documents on record opined that there was clear medical negligence on the part of the authorities of the Juvenile Home as the boy was not given adequate treatment in the Juvenile Home. 4.128 In the light of this expert opinion, the Commission asked the Government of Uttar Pradesh to show cause as to why it should not recommend relief for the next of kin of the 50 | NHRC

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