2019 – Posted in: Daily News – Tags: Protection of Human Rights Act

NATIONAL HUMAN RIGHTS COMMISSION

For: Preliminary & Mains

Topics covered: NHRC, Suo motu cognizance, Notice to Ministry and states/UTs governments

News Flash

The National Human Rights Commission (NHRC), India issued notices to the Union Health and Family Welfare Ministry (MoHFW), and all States and Union Territories, over what it termed as the “deplorable public health infrastructure in the country”.

The commission took Suo Motu Cognisance of several reports on recent deaths across country due to deficiencies and inadequacies in the healthcare system, which leads over 100 deaths of children in Bihar due to Acute Encephalitis Syndrome (AES).

The Commission has also recounted the loss of lives in Gorakhpur due to Japanese Encephalitis, death of newly born infants and other patients due to failure of oxygen supply, carrying of dead bodies by family members on their shoulders because of non-availability of ambulances, incidents of delivery of babies in front of the hospitals due to negligence and non-availability of doctors etc.

The Commission has observed deaths are taking place due to lack of proper medical care, infrastructure, manpower and due to administrative failure, across the country.

Suo Motu Cognisance

A suo motu cognizance is a Latin term which means an action taken by a government agency, court or other central authority on their own apprehension.

What

The Commission has reminded the Central/State Governments of their constitutional duty under Article 21 of the Constitution under which Right to Life is guaranteed.
Quoting the Supreme Court of India, the Commission has observed that the right to live with human dignity is part of Right to Life.
Referring to the widespread malnutrition prevalent in several States, the Commission observed that it is the primary duty of the State under Article 47 of the Constitution to raise the level of nutrition and standard of living of its people, which the Commission observed, the State has failed.

Commission has issued notices to:

The Chief Secretaries of all the States and UTs to submit their reports within six weeks giving the details of the incidents relating to deaths due to lack of health and medical care facilities that have taken place during the last three years and steps taken by them to prevent their recurrence.
The Secretary, Ministry of Health and Family Welfare, Government of India to submit a comprehensive report within four weeks on the observations made by the Commission.

The Commission has directed that teams comprising doctors on the panel of the Commission along with the officers of the Commission will visit hospitals, primary health centres, and other health facilities in vulnerable States one by one to conduct an on-the-spot fact-finding investigation.