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