Patna High Court - Orders
Veterans Forum For Transparency In ... vs The Union Of India & Ors on 25 September, 2018
Bench: Chief Justice, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9523 of 2017
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1. Veterans Forum For Transparency In Public Life Through Its General
Secretary namely Wing Commander (Retd.) Bishwanath Prasad Singh, Son
of Late R.N. Singh, R/o PNT Colony No. 2, Dahiyawan, Chapra, Bihar.
.... .... Petitioner/s
Versus
1. The Union Govt. of India, through the Secretary, Health Department,
Government of India, New Delhi.
2. Medical Council of India through its Secretary, Dwarika , New Delhi.
null null
3. Bihar Medical Council through its Secretary, Rajendra Nagar, Patna.
4. State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
5. The Secretary, Labour Resources Department, Government of Bihar,
Patna.
6. United India Insurance Company Limited, Chanakaya Tower, R. Block,
Patna through Regional Manager.
7. The New India Insurance Company Ltd., 6/7 Floor, BSFC Building,
Frazer Road, Patna.
8. The National Insurance Company Ltd., Son Bhawan, Beer Chand Patel
Path, Patna.
9. Reliance GIC Ltd. 301/302 3rd Floor, Kaushilya Estate, Bander Bagicha,
Patna.
10. The Principal Secretary Health Department, Govt. of Bihar, Patna.
11. Registrar, Bihar Council of Medical Registration, Rajendra Nagar, 11/D,
Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dinu Kumar, Advocate
: Miss. Ritika Rani, Advocate
For the Respondent/State : Mr. Chitranjan Sinha, PAAG-2
: Mr. Shashi Shekhar Kr. Prasad, A.C. to PAAG-2
For the Union of India : Mr. S.D. Sanjay, Senior Advocate
For the MCI : Mr. Kumar Brijnandan, Advocate
: Mr. Tarees Hameed, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
12 25-09-20181. By way of this petition in the nature of Public Interest Litigation, the petitioner has prayed for the following reliefs;
Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018Page 2 of 10
"a. For directing the respondent concerned including the Director, C.B.I. to enquire into the matter after lodging FIR about role attributed in removal of 27511 uteruses out of 46619 ladies by the concerned doctors/hospitals/insurance company which were selected by the Secretary, Labour Resources Department, Government of Bihar, Patna under National Health Insurance Scheme in the 38 Districts of State of Bihar causing loss of public money in crores and crores misuse of office, misappropriation of government money. b. Also for directing the State respondents to take action against the erring persons, hospital authorities and insurance companies who were involved in illegal removal of uteruses of ladies aged between 20 to 40 years and above 40 years belonging to the below poverty line under National Health Insurance Scheme.
c. Also for directing the respondents to tak action in cancellation of registration of doctors who were found involved in illegal removal of uteruses of the ladies under National health Insurance Scheme as per the report submitted by the State of Bihar to the Human Rights Commission in File No. BHC/Comp. 3127/12.
d. Also for taking action against the MCI and Bihar State Medical Council which have not taken action in cancelling the registration of doctors and hospitals who were indulged in illegal removal of uteruses of BPL people and cancelling the registration of nursing homes which were involved.
e. Also for directing the respondents to recover the loss of government money in illegal removal of uteruses of the BPL ladies under National Health Insurance Scheme and amount of compensation for removal of illegal uteruses."
2. The case relates to unwarranted surgeries performed on ladies, more particularly, removal of uteruses purportedly under Rashtriya Swasthya Bima Yojna. Different newspapers published reports about the cases of illegal removal of uteruses Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 3 of 10 purportedly under Rashtriya Swasthya Bima Yojna. It was found that the removal of uteruses were not sporadic incidents; rather they seem to have been done in a systematic manner as a result of conspiracy and part of some racket. The reports referred to the districts of Saran, Sitamarhi, Samastipur, Jamui, Sasasram, Begusarai, Katihar, Saharsa, Supaul and virtually in the entire State of Bihar. It was also noticed that even the money passed without the surgery. In some cases, it was found that operations were performed by farzi Doctors i.e. unqualified persons. In a large number of cases, uteruses of young underaged girls and women below the prescribed age were removed, which resulted in depriving such girls/women of the opportunity of being mother and attaining complete womanhood.
2.1. It is the case on behalf of the petitioner that thereafter, the Bihar Human Rights Commission (hereinafter referred to as the „Commission‟) initiated suo motu case by order dated 30.08.2012 on the basis of some press reports. It is the case on behalf of the petitioner that initially, the Human Rights Commission noticed and found that nothing had happened, however, after Human Rights Commission passed the order dated 20.09.2015, things started moving. However, the Commission noticed many deficiencies in the inquiries and therefore, the Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 4 of 10 Commission directed the State and another authorities to give a detailed report furnishing the following information;
"(i) Total number of surgeries performed.
(ii) Total number of unwarranted surgeries performed district wise.
(iii) Number of persons age-wise who were subjected to unwanted surgeries.
(iv) District wise action taken against the concerned officers/doctors and other staff and also details of compensation awarded to the victims."
2.2. It is the case on behalf of the petitioner that the Human Rights Commission on the basis of the reports submitted by the authority, as a result of inquiry, found that 540 unwarranted surgeries were carried out which resulted in removal of uteruses of the ladies. It is the case on behalf of the petitioner that the Human Rights Commission also noted that certain action is being contemplated against certain Doctors; Medical Council of India has been approached. The Commission also noted that certain F.I.Rs have also been filed. Therefore, the Commission granted further six weeks‟ time to the Government to finalize the issues. It is the case on behalf of the petitioner that the Commission noted that one of the lady, who was deprived of her uterus, was aged below 20; 103 ladies were between 20-30; whereas between 30-40, there were 288 ladies, and there were 163 ladies who were aged about 40 years. It is the case on behalf of the petitioner that thereafter, the Commission observed that Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 5 of 10 such an act was barbaric and the surgeries were performed only to get incentive by way of package amount from insurance companies. The Commission also noted and observed that a person responsible for such acts must be adequately punished and steps also be taken against such persons in the Health Care System. The Commission also observed that it is expected from M.C.I. to look into the matter thoroughly, fairly and squarely. The Commission also took note that the State Government has already referred the matters related to certain Doctors to M.C.I. It is the case on behalf of the petitioner that thereafter the Commission directed a compensation of Rs. 2.5 Lakh each be paid to the ladies between 20 and 40 and compensation of Rs. 1.5 Lakh each be paid to the ladies above 40. It is the case on behalf of the petitioner that while issuing the above direction, the Commission made following observations;
"Deprivation of a part of body of any person is shocking and if this is due to negligence or for dishonest purposes it becomes tortuous. The Commission can imagine the shock both physical and psychological of a lady to lose her womb. There were ladies in each group of 20-40 which is a productive age and without medical necessity removing the uterus is simply criminal. Generally speaking the age group of about 40 is not productive though there are exceptions but still on can‟t be deprived of a part of his/her body."
It is the case on behalf of the petitioner that Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 6 of 10 thereafter, nothing further has been done to pay the compensation directed by the Commission, Bihar and on the contrary, the State Government agreed to pay Rs. 50,000/- only.
2.3. It is the case on behalf of the petitioner that while disposing the writ petition being C.W.J.C. No. 10954 of 2015, the Division Bench of this Court noted that the Principal Secretary, Department of Health, Government of Bihar has assured the Court that the Department will be taking necessary remedial measures to exclude such Hospitals which do not fulfill the conditions, in terms of the guidelines/revised guidelines issued by the Central Government. It is also noted that even the Principal Secretary, Department of Health, Government of Bihar also assured this Court that he will be taking necessary actions against the persons involved in such activities in accordance with law. It is the case on behalf of the petitioner that thereafter, nothing further has been done except filing some F.I.Rs and no action has been taken against the concerned Officials, Doctors, Hospitals etc. who are involved in such illegal activities of removal of uteruses and who are responsible for such barbaric act of removal of the uteruses.
3. Counter affidavit/supplementary counter affidavit have been filed on behalf of the State. It is pointed out that so far Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 7 of 10 as criminal cases lodged against the Doctors/ Nursing Home are concerned, some are under investigation and in some of the matters, charge-sheets have been submitted. So far as issue of compensation is concerned, it is submitted that the Committee has decided and the State Government has agreed to pay Rs. 50,000/- as compensation, after taking note of the direction issued by the Commission, Bihar. Now so far as distribution of compensation of Rs. 50,000/- per victim is concerned, it is submitted in the supplementary counter affidavit on behalf of the respondents-State, the particulars are given in paragraph-9 of the counter.
3.1. In the supplementary counter affidavit dated 05.09.2018, it is stated that the issue with respect to the payment of compensation as directed by the Human Rights Commission, Bihar was placed before the Committee and the Committee in the meeting dated 22.04.2016 presided by the Chief Secretary, Bihar had taken a decision to make payment of compensation of Rs. 50,000/- each to the victims.
4. Heard learned counsel appearing on behalf of the respective parties at length.
5. At the outset, it is required to be noted that in the present case, the Human Rights Commission, Bihar after Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 8 of 10 considering the comprehensive report submitted by the State authorities had specifically observed that there have been in all 540 unwarranted surgeries performed in various districts of Bihar and the uteruses of the girls/women/ladies have been removed and they have been deprived of their motherhood. The Commission has noted that one of the lady who has been deprived of her uterus was aged below20; 103 ladies were between 20-30; whereas between 30-40, there were 288 ladies and there were 163 ladies who were deprived of their uteruses, who were aged about 40 years. Even the State Government has also admitted the above fact. It is further observed and noted that the State Government has also reported the above matter to the Medical Council of India to look into the matter against the concerned Doctors who were involved in such barbaric act. It appears that except F.I.Rs, nothing further has been done and in most of the cases even the investigation is reported to be still pending and only in few cases, charge sheets have been submitted. It is observed that no further steps have been taken against the concerned Nursing Homes. Even the State Government also agreed to pay the compensation at Rs. 50,000/- per victim only, though the Human Rights Commission, Bihar in its earlier report dated 28.04.2016 had directed the State Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 9 of 10 Government to pay a compensation of Rs. 2.5 Lakh each to the ladies between 20-40 and compensation of Rs. 1.5 Lakh each to the ladies above 40 years. There is no justification whatsoever on the part of the Government in fixing the amount of compensation at Rs. 50,000/- per victim. As rightly observed by the Human Rights Commission in its earlier interim order/report, the deprivation of a part of a body is shocking. The Commission has also observed that such an act of removal of the uteruses is barbaric act which cannot be tolerated. As such, no amount can be said to be adequate compensation in respect of removal of uteruses, more particularly, with respect to the ladies in the group of 20-40 which is a productive age. Therefore, by way of interim order, the State of Bihar through the Health Department is, hereby, directed to pay compensation of Rs. 2.5 Lakh to the ladies between 20-40 and compensation of Rs. 1.5 Lakh each to the ladies above 40. Any amount paid earlier is to be adjusted. The aforesaid amount be paid to the concerned on proper identification and to be deposited in the bank account of concerned victim. The aforesaid exercise be completed and amount of compensation as above, shall be paid to such victim within six weeks from today.
5.1. The District Superintendent of Police of concerned Patna High Court CWJC No.9523 of 2017 (12) dt.25-09-2018 Page 10 of 10 districts are, hereby, directed to see that investigation with respect to the F.I.Rs already filed after concluding the investigation are concluded at the earliest and thereafter file the charge-sheet on the basis of the outcome of the investigation carried out. The aforesaid exercise shall also be completed within a period of six weeks from today.
5.2. The Medical Council of India is also, hereby, directed to look into the complaint against the concerned Doctors who were a part of the team and associated with the concerned Nursing Home and who removed the uteruses of the victims, for which even the State Government shall send a complain/report to the Medical Council of India. The aforesaid exercise shall also be completed by the Medical Council of India within a period of six weeks from today.
6. Put up on 19.11.2018 for submitting the further compliance report.
(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) Brajesh/-
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