NHRC, India 7.24 Illustrative Cases in the year 2021-22 1. Death of a newborn girl delivered in an auto rickshaw in the premises of Gurudijhatia Primary Health Center in Cuttack, Odisha. (Case No. 3079/18/3/2019) 2. i. The Commission on 02/09/2019 received a complaint from Sh. Himansu Sekhar Nayak, Keonjhar, Odisha. The case pertained to the death of a newborn girl child delivered in an auto rickshaw in the premises of Gurudijhatia Primary Health Center (PHC),Cuttack, where no doctors or other staff were present and no medical facilities were available on the day of the incident. ii. The Commission tookcognizance ofthe matter on 01/10/2019.On the instructions of the Commission, the report dated 12/03/2020, received from the Special Secretary, Department of Medical, Health andFamily Welfare, Government of Odisha, revealed that as per the report of Chief Medical Officer and Public Health Officer, a pregnant woman, aged 27 years, came to the Gurudijhatia PHC at about 9.20 am, but as the said hospital was not open, the patient delivered a female child in an auto rikshaw by which she was brought to the hospital, and the child was declared dead by the attending doctor. A joint enquiry was conducted in the matter, and on verification of attendance and OPD register, it came to their notice that there was an official order by the MO, Gurudijhatia, to manage the OPD on every Sunday. However, the Medical Officer was on weekly off and the staff including a pharmacist, staff nurse and ward attendant, who were to attend the Sunday OPD, failed to attend. The report further revealed that necessary action was taken against the erring officials, and they were transferred/repositioned to different places with substitutes. iii. The Commission on 21/07/2020 noting that the State Government has accepted negligence on the part of its staff in the matter, issued a Show Cause Notice to theState through itsChief Secretary as to why monetary compensation of Rs. 2,00,000/- should not be recommended to the victim. iv. The Commission on 24/06/2021 rejected that contention of the State that the hospital in question was a single doctor primary health centreand again observed thatthe State hadalready admitted that their staff members including the pharmacist, staff nurse and ward attendant were to attend the Sunday OPD, but failed to do so. Thus, proving negligence on the part of the Government officials. The Commission confirmed Show Cause Notice and recommended the State to pay Rs. 2,00,000/- to the victim lady. v. Having received request that the monetary relief of Rs. 2,00,000/- has been paid to the victim on 24/11/2021,the Commission closed the case on 20/01/2022. A newborn male child died due to non-availability of ambulances at the time of delivery in Malkangiri, Odisha. (Case No. 4305/18/29/2018) ANNUAL REPORT 71 2021-22

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