NATIONAL HUMAN RIGHTS COMMISSION Government should make one time contribution towards that scheme and a cess may be levied in the line of a cess levied under the Building and other Construction Workers Act, 1996. The amount from that fund may be used for the prevention, diagnosis, payment of compensation and rehabilitation of the Silicosis patients in the Agate industry. 6.47 Chief Secretary, Govt. of Gujarat, was asked to send detailed action taken report on the various directions given above within eight weeks. He was also asked to submit compliance report alongwith proof of payment of monetary compensation to the deceased victims of Silicosis within eight weeks. The compliance report along with proof of payment is awaited. 4. Scheduled Caste female Tuni Naik, Leprosy patient administered anti-TB drugs by Medical Officer in CHC, Bantala, Odisha (Case No.1042/18/16/2015) 6.48 Shri Ranjit Sutar, Civil Society Forum on Human Rights, Bhubaneswar, Odisha has alleged that Ms.Tuni Naik, who belonged to Scheduled Caste suffered medical complications after she was given wrong medicines. She was suffering from leprosy but she was administered medicines of TB. Only after admission in the hospital she recovered. The matter was reported to the Medical Officer but he did not take any action. The complainant requested for intervention of the Commission in the matter, action against the accused and compensation for the victim. 6.49 Pursuant to the Commission’s directions, the Principal Secretary, Department of Health and Family Welfare, Government of Odisha reported that a joint inquiry was conducted in the matter and it was revealed that though the victim was suffering from Leprosy, she was administered Anti TB drop because of carelessness of Dr. Prasanni Gadanayak, contractual Medical Officer of CHC, Bantala. Hence, Dr. Gadanayak was disengaged from contractual engagement from CHC, Bantala. 6.50 The Commission considered the report and observed that admittedly, the victim Tuni Naik was administered wrong dose of medicines. Her right to health has been violated by the doctor on duty. Further disengagement of the contractual doctor makes this an established case of violation of human rights. The doctor was performing duty in the Government Health Centre and therefore the State is vicariously liable for violation of human rights of the victim. The Commission directed the Chief Secretary, Government of Odisha to show cause as to why the Commission should not recommend compensation of ` 25,000/- to the victim whose right to health has been violated in the Government Health Centre where she was given wrong medicines. 6.51 The Commissioner-cum-Secretary to Government, Health and Family Welfare Department, Government of Odisha reported that it is true that Tuni Naik suffering from Leprosy was 90 Annual Report 2017-2018