Gujarat High Court Constitutes Committee To Look Into Alleged Incidents Of Medical Negligence, Mistreatment Of Pregnant Women At Private Hospitals

The Gujarat High Court has constituted a Committee for probe into the alleged incidents of mistreatment of pregnant women at private hospitals in the state.

"In order to ensure that such incidents do no reoccur and as to how incidents reported in the print and electronic media as narrated by petitioner in the petition had occurred, we deem it proper to constitute a Committee headed by a former Judge of this Court and assisted by two lady officers so as to unearth actual truth as this would enable the Court to pass further orders and for suggesting remedial measures being taken by the State and its instrumentalities," said the court

The Committee has following members:

• Justice Harsha Devani, Former Judge High Court of Gujarat.
•  Mrs Ramiya Mohan, IAS, Managing Director, National Health Mission, Gujarat
• Ms Lavina Sinha, IPS Deputy Commissioner of Police, Zone-1, Ahmedabad.

The Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri has directed the Committee to submit its report within eight weeks. 

"The said committee shall be assisted by the Member Secretary, Gujarat State Legal Services Authority. Said committee shall file its report with reference to the incidents that has been narrated at paragraphs 2 and 3 of the writ application and it would be at liberty to suggest such remedial measures as may be necessary to prevent occurrence of such incidents in future. It is needless to state that Government of Gujarat through Ministry of Women and Child Department (WCD), Gujarat would be extending all logistic support to the said Committee and shall provide all necessary secretarial and other incidental services if sought for including transportation. The Committee shall submit its report in a sealed cover to this Court within 8 weeks from the date of receipt of copy of this order." 

The court passed the order while considering a Public Interest Litigation seeking directions to the State to issue appropriate instructions to the doctors, hospitals or Maternity Home Care including private health care providers to provide medical aid and primary treatment to any pregnant woman in extreme labour pain or to any person in a medical emergency, more particularly, poor and uneducated pregnant women having fewer resources and who are incapable of paying the charges.

The petitioner also sought that the authorities be directed to formulate schemes, policies, rules and regulations as non-providing of medical care to the needy would be an infringement of women's rights in general and the human rights of pregnant women and rights in childbirth according to Article 1 of the Universal Declaration of Human Rights and violation thereof should result in penal consequences and compensatory or disciplinary actions. 

The attention of the court was drawn to reported incidents of medical negligence at two health centres where pregnant women were allegedly mistreated. At one nursing home in Anand last year, the doctors allegedly demanded money from a pregnant woman prior to commencement of treatment. A news report stating that a new born baby died after a hospital refused to admit the pregnant, was also placed on record.

While one of the hospitals denied the averments made by the petitioner, the other said that an enquiry committee was constituted to inquire into alleged incidents and in a written submission made by pregnant woman she "admitted" that she was advised to go home and when she was going home in the morning, and she suffered a miscarriage. Further, it was submitted that the inquiry committee had obtained an explanation from the duty Doctors in which they stated that the patient was given pain relieving medication, but was not found in her cot when they went to re-examine her. 

"This is not only disturbing but also surprising, as to how a pregnant lady, who was undergoing labour pain, could have suddenly vanished from the labour room that too who is under medication as claimed by 5th respondent itself," the court said. 

Case Title: Nikunj Jayantilal Mevada v. The State of Gujarat and 5 Ors.

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