Infant mortalities in Ramnagar due to spurious drugs
Excelsior Correspondent
JAMMU, Dec 16: National Human Right Commission (NHRC) has directed its Registry to issue final reminder to Chief Secretary, Government of J&K UT as well as Additional Secretary, Department of Health and Medical Education, J&K for submission of proof of payment of Rs 3 lakh to NoK of each deceased infants/child within six weeks positively failing which this Commission will be constrained to invoke its coercive powers under Section 13 of PHR Act, 1993 calling for the personal appearance of the authority concerned.
The NHRC also directed UT administration that the additional / complete report as directed by the Commission in the matter be sent latest by 29/01/2022 for further consideration.
The issue of deaths of infants/children due to consumption of a particular spurious cough syrup in Ramnagar Tehsil of Udhampur District of Jammu & Kashmir during the month of December 2019-January 2020 was taken up by Sukesh C Khajuria with the NHRC seeking compensation for the families of the victims and fixing of the responsibility of the concerned authorities.
While taking up the matter on 7.9.2020 the Commission found that there was a procedural lapse on the part of the Drug Department of the Jammu & Kashmir wherein the authority had duly failed to keep a regular vigil on the contamination and contents of medicines sold within its jurisdiction and held that the State is vicariously liable for negligence.
By exercising power under Section 18a(i) of PHR Act, 1993, the Commission had directed the Chief Secretary, Govt of Jammu & Kashmir to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs 3,00,000 to the NoK of each deceased. The authority was further directed to file report with regard to action taken against the delinquent officials, on account of whose negligence such incident had occurred.
The recommendation was confirmed vide direction dated 18-01-2021 wherein the Chief Secretary was asked to pay monetary compensation of Rs 3,00,000 to the NoK of each deceased. It was further directed that the compliance report along with proof of payment be made available to the Commission within six weeks positively.
Pursuant to that direction and reminder dated 6.5.2021, the Additional Secretary (Law), Health and Medical Education Department, UT of J&K, vide an e-mail dated 07-06-2021 submitted a compliance report by forwarding a letter dated 07-06-2021 of the Under-secretary of that department wherein it is stated that vide a communication dated 01-06-2021, the State Drugs Controller has been asked to make the payment of Rs three lakh to NoK of each deceased. It was, however, observed that in the letter dated 1.6.2021 which was addressed to the State Drug Controller it is further clarified that monetary compensation shall remain subject to the outcome of SLP pending before Supreme Court.
The Commission, however, observed, “proof of payment is still awaited”. Accordingly, Commission directed the Chief Secretary to submit proof of payment within four weeks positively failing which the Commission shall be constrained to invoke its coercive power calling for the personal appearance of the authority concerned.
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