"At Least In Death She Is Entitled Some Dignity As Every Citizen Blessed By Constitution"; Calcutta HC Orders Second Autopsy On The Body Of A Pregnant Woman

The Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee expressed its displeasure at the fact that she did not enjoy the affection, care and respect that the Constitution requires every citizen to receive, irrespective of station or status.

The Court specifically said,

"(She) was a citizen of India…She may not have belonged to the entitled class. Her family may not have been empowered or even well off to provide the basic amenities that she needed as a would-be mother. At least, in death, (she) is entitled to some dignity as every citizen blessed by our glorious Constitution deserves."

The matter before the Court

The Court was hearing the plea of the father of a 19-year-old woman who, according to her father, was in an advanced stage of 2 pregnancy and was admitted to the Uluberia Sub-Divisional Hospital on April 14, 2020.

She was admitted with malnutrition and general poor health and was apparently advised to undergo a COVID Test at a private facility by the name of Sanjiban Hospital.

The Sanjiban Hospital submitted that it merely conducted COVID test and after being tested, she was requested to return to the Uluberia SD Hospital, where she did return.

Sanjiban Hospital further submitted that the test result came out to be negative and Sanjiban Hospital had nothing further to go with the concerned patient.

On the other hand, the report filed by the Uluberia Hospital, which was treated as the State's report revealed that the Woman died on April 20, 2020 of malnutrition and related complications.

The petitioning father said that media reports indicated that she delivered a child at Sanjiban Hospital. However, the Court couldn't find any verified report or material in such regard.

The State stated that she did not deliver any child while at Uluberia Hospital, nor was she operated on.

Court's observations

While trying to put facts of the case togther, the Court looked completely bewildered as it noted,

"When she was admitted, she weighed 41 kg. The post-mortem report indicates the lifeless body of the woman examined weighed 25 kg. It is inconceivable that Adari would have lost 16 kg in four days."

More intriguingly, the Court said, the post-mortem examination does not mention any foetus carried by the deceased.

Noting the submission of State that the body was in the morgue at the Uluberia Hospital, the Court directed,

"The body must be preserved in the same state as it is now. A second post-mortem should be conducted on the body within 48 hours from now at R.G. Kar Medical College and Hospital."

The Court also directed that a DNA test be conducted and DNA samples may also be collected from any other close relatives of the woman to verify whether the lifeless body that is now preserved in the Uluberia Hospital morgue is that of the lady in question.

On the other hand, the Court also directed the Directors, including the principal persons in control of Sanjiban Hospital to show cause as to why appropriate steps, including in contempt, should not be taken against them for failing to file a report despite the clear directions issued by the order dated August 4, 2020.

Case title - Sankar Ruidas Vs. The State of West Bengal & Ors [WPA 5882 of 2020 CAN 1 of 2020 (CAN 3982 of 2020)]

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