Saturday, November 30, 2024

Healthcare Transformation in Barhi Nevada: A Pillar of Nation-State Building

 
Transformation in Progress: The revitalized Barhi Nevada Primary Health Center serves as a beacon of hope, symbolizing the impact of inclusive healthcare in fostering resilient communities and strengthening the nation.

Introduction

Healthcare is not just a service; it is a cornerstone of nation-state building. The transformation of the Primary Health Center (PHC) in Barhi Nevada, Varanasi, is a shining example of how inclusive healthcare fosters community well-being and strengthens the fabric of a nation. This success story demonstrates the synergy between grassroots advocacy, institutional accountability, and the role of health in empowering marginalized communities—essential components of a thriving and equitable state.

Challenges in Barhi Nevada

Barhi Nevada’s PHC serves over 40,000 people in one of the most underdeveloped areas of Uttar Pradesh. Yet, systemic neglect left the community grappling with:

  1. Water Crisis: A failed water supply forced families of pregnant women to fetch water from distant hand pumps during childbirth.
  2. Vacant Medical Posts: The prolonged absence of a medical officer left the OPD dysfunctional, denying essential care to residents.
  3. Unhygienic Environment: Overgrown bushes and lack of sanitation worsened the health risks for patients and staff alike.

These issues reflected not just a failure in service delivery but also a gap in fulfilling the state’s responsibility towards its citizens—a challenge undermining the nation-building process.

                                                         Order from Health department 

The Role of JanMitra Nyas in Driving Change

The community’s cry for help was amplified by JanMitra Nyas, a local advocacy group, which launched a multipronged strategy:

  • Institutional Advocacy: Persistent complaints to district health officials and the Chief Minister’s portal highlighted the PHC’s challenges.
  • Involvement of NHRC: A case was registered with the National Human Rights Commission (NHRC) under Diary No. 14287/IN/2024, ensuring that the authorities were held accountable for their constitutional duties.
  • Field Inspections and Corrective Actions: After inspections by ACMO and other officials, water supply was restored, solar lighting repaired, and sanitation improved, leading to 86 safe deliveries in just a few months.

The crowning achievement was the appointment of Dr. Mrityunjay, ensuring the PHC’s sustainability and signaling a deeper commitment to health as a public good.


                                                                NHRC order

Healthcare and Nation-State Building

Healthcare is a building block of social and economic stability. The revitalization of Barhi Nevada’s PHC contributes to nation-state building in the following ways:

  1. Empowering Communities: Reliable healthcare boosts community morale, fosters trust in public institutions, and reduces social inequalities—key to building a cohesive society.
  2. Fulfilling State Responsibilities: The state's responsiveness to healthcare needs strengthens its legitimacy and reinforces the social contract between citizens and the government.
  3. Promoting Economic Growth: Improved healthcare reduces mortality, enhances productivity, and breaks the cycle of poverty—crucial for sustainable national development.
  4. Strengthening Human Capital: Access to quality healthcare ensures a healthier, more educated population capable of contributing to the nation’s progress.
  5. Reducing Inequalities: Addressing the specific needs of marginalized groups, such as Scheduled Castes, demonstrates the inclusivity essential for a just state.

Linking to Sustainable Development Goals (SDGs)

The initiative aligns with multiple SDGs, reinforcing its role in global and national development:

  • SDG 3: Good Health and Well-being: Ensures universal access to quality healthcare.
  • SDG 6: Clean Water and Sanitation: Restored water supply improves hygiene and reduces disease.
  • SDG 10: Reduced Inequalities: Prioritizes healthcare access for marginalized communities.
  • SDG 16: Peace, Justice, and Strong Institutions: NHRC’s intervention exemplifies justice and institutional strength.

Lessons for Nation-State Building

  1. Collaboration is Key: The partnership between civil society, state agencies, and human rights bodies highlights the power of collective action.
  2. Institutional Accountability: The NHRC’s role in driving change underscores the importance of robust institutions in nation-building.
  3. Community Participation: Empowered communities act as catalysts for development, holding the state accountable and ensuring inclusivity.

Conclusion

The transformation of Barhi Nevada’s PHC is more than a healthcare story; it is a testament to the role of inclusive health services in fostering a resilient and equitable nation-state. As India strives towards becoming a global leader, stories like these remind us that the strength of a nation lies in its commitment to the welfare of its people.

#NationBuilding #HealthcareForAll #EmpoweredCommunities #NHRCImpact #SDG3 #HumanCapital #StrongInstitutions #EqualityAndJustice #IndiaRising


Healthcare Transformation in Barhi Nevada: A Pillar of Nation-State Building by pvchr.india9214 on Scribd

Thursday, November 28, 2024

Honored and Humbled: Celebrating a Shared Journey with the REX Karmaveer Awards: Lenin Raghuvanshi

 

"Celebrating Justice and Hope: Together, Shruti Nagvanshi and Lenin Raghuvanshi shine as torchbearers of equality, human rights, and transformative social change."

On a momentous day at the Shri Ram Millennium School, Noida, Shruti Nagvanshi and I were deeply honored to receive the prestigious REX Karmaveer Puraskaar Maharatna Prerna Award and Karmaveer Gold Chakra Award, respectively. These accolades are not just personal milestones but a recognition of our shared commitment to social justice, human rights, and empowering marginalized communities.

Heartfelt Messages of Congratulations

This celebration has been made even more special by the warm wishes and support from friends and well-wishers.

  • Mr. Devendra Singh (alias Vinod Singh), my uncle from Mumbai, shared his heartfelt blessings, saying:
    “बहुत बहुत बधाई हो बेटा जी और हमारी प्यारी बहु, श्रुति,🤗
    💐💐💐💐💐💐💐💐
    आप लोग ऐसे ही हम रघुवंशियों का नाम उज्ज्वल करते रहो,🙌🙌🙌”

  • Ms. Bondana Dutta, a pet lover and former regional director of CRY, congratulated us, saying:
    “Congratulations to you both for your commendable work for justice and human rights.”

  • Dr. Bahadur Singh Yadav, Ex-Chairperson (State Minister) of the State Technical Education Board, Government of Uttar Pradesh, penned an inspiring article on the Medium news portal (USA), titled Inspiring the Change: Lenin Raghuvanshi and Shruti Nagvanshi Receive the Distinguished REX Karmaveer Puraskaar Maharatna Prerna Award and Karmaveer Gold Chakra Award._

About the Awards

The REX Karmaveer Puraskaar, instituted by the REX Karmaveer Global Fellowship (RKGF) and the International Confederation of NGOs (iCONGO), is one of India’s most esteemed honors. It recognizes individuals who take actionable steps to "Right Every Wrong" and create meaningful societal change.

These awards—Maharatna Prerna Award and Gold Chakra Award—represent decades of transformative social activism, championing equity, justice, and human dignity.

Shruti Nagvanshi: A Trailblazer for Women’s Rights

Shruti Nagvanshi’s Karmaveer Gold Chakra Award celebrates her unwavering dedication to Dalit and Adivasi women. As the Managing Trustee of JanMitra Nyas, she has spearheaded impactful initiatives like:

  • Addressing anemia in adolescent girls.
  • Promoting kitchen gardens to combat malnutrition.
  • Empowering women’s self-help groups.

Her efforts exemplify the power of grassroots organizing and her belief in the transformative potential of community-based empowerment.

My Journey: Advocating for Justice and Equality

Receiving the Maharatna Prerna Award is a humbling recognition of my lifelong commitment to human rights advocacy. As the founder of the People’s Vigilance Committee on Human Rights (PVCHR), I have tirelessly worked to challenge caste-based discrimination, patriarchal structures, and systemic inequities.

This award is not just a personal achievement but a tribute to the collaborative efforts of countless allies and communities who inspire us daily.









The photos beautifully capture the essence of the event, showcasing moments of joy, recognition, and inspiration. They highlight the collective efforts and unwavering commitment of Shruti Nagvanshi and Lenin Raghuvanshi in advocating for social justice and human dignity. Each image tells a story of hope, resilience, and the shared mission to create a more inclusive and equitable world

Our Shared Mission

While Shruti and I maintain unique approaches to advocacy, our shared mission binds us together in a unified fight against social injustices. Together, we amplify marginalized voices, nurture self-reliance, and challenge inequities.

The Path Forward

These recognitions remind us of our unfinished work and the importance of continuing to address systemic inequities, empower vulnerable communities, and foster global solidarity.

Gratitude and Dedication

We extend our deepest gratitude to the REX Karmaveer Global Fellowship, iCONGO, and Shri Ram Millennium School for this honor. This recognition is dedicated to the communities we serve and the vision of a world where justice and dignity prevail.

Call to Action

These awards are not just an acknowledgment of past efforts but a call to action for the future. Let us continue to challenge oppression, promote inclusivity, and fight for human dignity. Together, we can create a world where justice and equity triumph.

#KarmaveerAwards #SocialJustice #HumanRights #DalitEmpowerment #ShrutiNagvanshi #LeninRaghuvanshi #RightEveryWrong

🎉 सम्मान और प्रेरणा का प्रतीक: हाशिये के लिए संघर्ष की गूंज!
रेक्स कर्मवीर पुरस्कार और गोल्ड चक्र अवार्ड सिर्फ व्यक्तिगत पहचान नहीं, बल्कि हाशिये पर खड़े समुदायों के अधिकारों और न्याय के लिए किए गए संघर्ष का प्रमाण है।

श्रुति नागवंशी और मैंने इस यात्रा को समाज के हर कमजोर वर्ग को सशक्त बनाने के संकल्प के साथ शुरू किया। यह सम्मान उन सभी को समर्पित है, जो हमारे साथ इस संघर्ष में खड़े रहे।

👉 पढ़ें मेरा लेख:
"सम्मान केवल निजी उपलब्धि नहीं, हाशिये के लिए संघर्ष का प्रमाण है"
🔗 पूरा लेख यहां पढ़ें : https://junputh.com/column/rex-karmveer-award-is-not-personal-achievement-but-validates-struggle-for-the-marginalised/

#रेक्सकर्मवीरपुरस्कार
#सामाजिकन्याय
#हाशियेकेलिएसंघर्ष
#समानताकीओर
#ShrutiNagvanshi
#LeninRaghuvanshi

Link: https://www.scribd.com/document/799086938/Press-release

Press release by pvchr.india9214 on Scribd

Welcoming Ajitesh Kumar Rai as a New Member of PVCHR

Here is the illustration welcoming Ajitesh Kumar Rai to PVCHR, highlighting his role and commitment to social work. It reflects positivity and teamwork in community development.

 We are delighted to announce that Ajitesh Kumar Rai has joined the People’s Vigilance Committee on Human Rights (PVCHR) as a Senior Manager and Resource Coordinator for the Shiksha Plus Programme under the aegis of JanMitra Nyas, an organization with Special Consultative Status with ECOSOC, United Nations.

Ajitesh brings a wealth of experience and a deep commitment to public health, community development, and social work. His academic foundation, with a Master’s in Social Work from Banaras Hindu University (BHU), reflects his dedication to creating positive societal impacts.

Professional Background

Ajitesh has an extensive background in research and fieldwork, having contributed to significant projects with organizations like AIIMS Delhi and the Ministry of Health and Family Welfare, Government of India. Some highlights include:

  • Conducting HIV Sentinel Surveillance Activities and behavioral surveys for key populations at AIIMS Delhi.
  • Supporting a COVID-19 vaccination study focusing on children, emphasizing public awareness and stakeholder engagement.
  • Leading community engagement and capacity-building initiatives to improve healthcare outcomes.

He also has rich experience working with grassroots organizations such as the Parivartan Foundation and Educate Girls Globally, focusing on improving access to education and healthcare for underserved communities.

Vision and Commitment

Ajitesh’s passion for fostering community well-being aligns perfectly with PVCHR's mission of empowering marginalized communities and advocating for human rights. His leadership in the Shiksha Plus Programme is poised to make a meaningful difference by bridging educational gaps and promoting holistic development among children and youth.

Key Qualities

Ajitesh is a dedicated professional with a strong background in stakeholder engagement, program management, and capacity-building. He is fluent in Hindi, English, Maithili, and Bhojpuri, enabling effective communication in diverse communities.

Message to Ajitesh

We welcome Ajitesh to the PVCHR family and look forward to the transformative contributions he will bring to our initiatives. Together, we aim to continue building a society based on justice, equality, and human dignity.

Stay tuned for updates on Ajitesh’s work and the Shiksha Plus Programme!

PVCHR Team

Wednesday, November 27, 2024

Advancing India's SDGs Through Innovative Education: Insights from the Shiksha+ Initiative

Empowering local volunteers in a collaborative training session, highlighting the integration of digital tools and innovative strategies to transform adult literacy in rural communities.

India’s pursuit of Sustainable Development Goals (SDGs) is epitomized by transformative initiatives like Shiksha+, a collaboration between Jan Mitra Nyas (JMN) and the Shiv Nadar Foundation (SNF). By targeting SDG 4 (Quality Education) and leveraging private philanthropy, innovation, and grassroots action, the program represents a blueprint for creating a vibrant and equitable nation-state.

The Transformative Power of Education

From November 18 to 24, 2024, the Shiksha+ adult literacy training program in Barji Village in Varanasi prepared 19 Janshikshaks (volunteers) to educate 2,500 learners using digital tools and cutting-edge pedagogy. This program directly addresses literacy gaps in rural India, a crucial challenge for building equitable socio-economic structures.

The initiative’s ICT-enabled education approach integrates literacy with critical life skills, such as health awareness, financial literacy, and access to government schemes. This holistic framework not only enhances foundational learning but also empowers individuals to make informed decisions, directly contributing to the achievement of key Sustainable Development Goals (SDGs):

  • SDG 4: Ensuring inclusive, equitable quality education and lifelong learning.
  • SDG 5: Promoting gender equality, with a significant focus on empowering women learners.
  • SDG 10: Reducing inequalities by providing educational opportunities to marginalized communities.




















Laying the Groundwork for Change
Trainers and team members strategize on effective implementation methods, ensuring the success of the Shiksha+ initiative.

Empowering Communities Through Strategic Collaboration

The Shiksha+ adult literacy training program in Barji Village exemplifies the power of effective collaboration. Guided by SNF’s skilled trainer Bhuwan, 19 Janshikshaks (volunteers) were equipped with the knowledge and tools to deliver impactful education. Bhuwan’s innovative teaching methods, combining robust theoretical foundations with practical applications, earned widespread appreciation from participants. These approaches empowered the volunteers to address real-world challenges and create a strong foundation for transformative community engagement.

Ajitesh Rai, Resource Coordinator at Jan Mitra Nyas (JMN), highlighted the enriching atmosphere of the training, emphasizing the role of collaboration in its success. SNF’s Bhawana Sharma played a critical role by overseeing the distribution of IT resources and offering strategic guidance, ensuring the seamless implementation of the initiative.

A Vision for Long-Lasting Impact

The Shiksha+ program sets an ambitious goal: to achieve literacy for 2,500 individuals in Barji Village. This objective is supported by the integration of digital learning tools, comprehensive learner kits, and robust community mobilization. By empowering local volunteers and deploying innovative educational methods, the initiative reflects Shiv Nadar’s vision of sustainable philanthropy.

Lenin Raghuvanshi, Senior Advisor at JMN, articulated the program’s transformative potential:

“Shiv Nadar’s contributions transcend education, inspiring us to think deeply about the lasting impact of strategic philanthropy.”

As the program unfolds, it is expected to generate powerful stories of transformation, demonstrating how private philanthropy, combined with grassroots action, can drive equitable development. Through the Shiksha+ initiative, both SNF and JMN aim to foster a community where literacy becomes a catalyst for broader social and economic empowerment.

Philanthropy as a Catalyst for Social Change

Participants were deeply inspired by Shiv Nadar’s pioneering philanthropy, which has redefined education in India. His $1.2 billion investment through SNF has established transformative institutions like Shiv Nadar University and VidyaGyan schools, impacting over 39,000 students.

The Shiksha Initiative highlights Nadar’s vision of scalable, sustainable philanthropy that aligns with SDG 17 (Partnerships for the Goals), fostering collaborations that create systemic change.

Toward a Vibrant Nation-State

Beyond literacy, programs like Shiksha+ are vital to fostering active citizenship by raising awareness of rights, responsibilities, and entitlements. As India aspires to be a global leader, these initiatives provide the foundation for:

  1. Economic Growth: A literate workforce boosts innovation and productivity.
  2. Social Equity: Education diminishes caste and gender disparities.
  3. Civic Engagement: Empowered citizens actively contribute to governance and local development.

Strategic Recommendations

The success of Shiksha+ exemplifies the power of partnerships between visionary philanthropists like Shiv Nadar and community-driven organizations like JMN. To amplify its impact and scale, the following steps are recommended:

  • Expand Collaborations: Engage corporate sponsors and public-sector agencies to replicate the model across rural India.
  • Leverage Technology: Use AI and data analytics for adaptive learning experiences tailored to diverse learners.
  • Integrate Sustainability: Align with SDG 13 by adopting eco-friendly practices for program operations and logistics.

Conclusion

The Shiksha+ program underscores the potential of targeted, scalable interventions to advance SDGs and create lasting societal impact. By leveraging philanthropy, innovative education, and strategic partnerships, India can solidify its position as a global model for inclusive development.

Sources and Acknowledgments:

  • Insights from Shiv Nadar Foundation’s initiatives.
  • UN SDG framework contextualized within India’s development goals.
  • Contributions and program updates by Jan Mitra Nyas and SNF teams.
#EmpoweringCommunities #DigitalLiteracy #RuralEducation #AdultLearning #CollaborativeTraining
#ShikshaInitiative #ICTforEducation #TransformingLives #EducationForAll #SustainableDevelopment

Saturday, November 23, 2024

Ensuring Justice for the Voiceless: An Analysis of Case No. 5931/24/4/2023

 

Systemic Inefficiencies in Justice Delivery: A Glimpse into Delayed Compensation for Victims

On November 21, 2024, the National Human Rights Commission (NHRC) issued critical directives to the District Magistrate (DM) of Prayagraj, Uttar Pradesh, highlighting a grievous case involving the brutal assault and exploitation of a minor girl. This blog delves into the NHRC's proceedings, the status of the victim's compensation, and the broader implications of administrative accountability in safeguarding human rights.

The Case Overview

The complaint brought forward by human rights defender Lenin Raghuvanshi, referenced a newspaper report from March 2023, which revealed the sale of a baby girl by her parents. The child subsequently endured assault by another couple, leaving her in critical condition. The case, registered under the Protection of Children from Sexual Offences (POCSO) Act and relevant sections of the Indian Penal Code, led to the arrest of two accused.

Despite the severity of the incident, delays in providing monetary compensation of ₹3,00,000 to the victim have underscored systemic inefficiencies. The NHRC has persistently directed authorities to disburse the sanctioned amount under the Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Rules, 2015, yet compliance remains elusive.

Chronology of Events and Directives

  1. Initial Action (April–May 2023):
    The Commissioner of Police, Prayagraj, submitted an action-taken report confirming the registration of an FIR and arrests. Recognizing the victim’s vulnerability, the NHRC instructed authorities to expedite compensation disbursement.

  2. Progress Stalled by Bureaucratic Delays (July–September 2023):
    Reports indicated that an application for compensation was uploaded to the state portal but remained pending due to procedural bottlenecks. The District Steering Committee cited election-related administrative restrictions as a cause for delay.

  3. Renewed Directives and Non-Compliance (2024):
    Despite repeated NHRC reminders in April, May, and September 2024, the compensation process remained incomplete. Reports submitted to the NHRC in October 2024 revealed that while necessary documents were uploaded, the payment had not yet reached the victim.

NHRC's Recent Directive

In its November 2024 proceedings, the NHRC issued a final reminder to the DM, Prayagraj, emphasizing:

  1. The urgent need for proof of compensation payment within four weeks.
  2. Invocation of coercive powers under Section 13 of the Protection of Human Rights Act, 1993, in case of non-compliance.
  3. Direct accountability of the Chief Secretary of Uttar Pradesh to ensure adherence to the NHRC's orders.

Analysis of Challenges

  1. Administrative Inefficiencies:
    The recurring delays highlight systemic flaws in interdepartmental communication and procedural adherence. Election-related codes of conduct, while necessary for governance, should not impede victim relief efforts.

  2. Victim-Centric Justice:
    The lack of timely compensation underscores a gap in prioritizing victim rights. Monetary relief is not just a legal mandate but a crucial step in rehabilitating survivors of heinous crimes.

  3. Role of the NHRC:
    The NHRC’s persistent engagement reflects its commitment to ensuring justice. However, the recurring need for reminders raises questions about the effectiveness of its enforcement mechanisms.

Broader Implications

The case sheds light on the intersection of human rights, administrative accountability, and the justice system. It highlights the critical role of human rights defenders like Lenin Raghuvanshi in bridging gaps between victims and institutional mechanisms.

Way Forward

  1. Strengthening Administrative Coordination:
    Streamlining interdepartmental communication and ensuring adherence to NHRC directives can prevent procedural delays.

  2. Empowering Victims:
    Expedited disbursement of compensation and access to psychosocial support should be institutionalized as part of victim rehabilitation.

Conclusion

The NHRC's directives in Case No. 5931/24/4/2023 underscore the urgent need for systemic accountability to uphold human rights. While procedural challenges persist, the Commission’s proactive stance and the perseverance of human rights advocates offer hope for a more responsive and humane justice system. Ensuring timely relief to victims must remain at the core of administrative priorities, reaffirming society’s commitment to protecting its most vulnerable.

Case No.- 5931/24/4/2023
NATIONAL HUMAN RIGHTS COMMISSION
(LAW DIVISION)
* * *
MANAV ADHIKAR BHAWAN, BLOCK-C,
G.P.O. COMPLEX, INA, NEW DELHI- 110023
Fax No.: 011-24651332    Website: www.nhrc.nic.in

Date : 21/11/2024  
To,
THE DISTRICT MAGISTRATE
Dwarika Puri, Old Katra,
PRAYAGRAJ (ALLAHABAD) UTTAR PRADESH
211002
Email- dmall@nic.in

 
Sub : Complaint/Intimation from

LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

 
Subject: Additional Information Called for(AIC) -5931/24/4/2023.
 
Sir/Madam,
 
         I am directed to say that the matter was considered by the Commission on 21/11/2024 and the Commission has directed as follows.:
         

1. This proceeding shall be read in continuation of the earlier proceedings of the Commission.

2. The complainant, an HRD, brought to the notice of the Commission a newspaper report dated 20.03.2023 alleging that a baby girl was sold by her parents, to three unknown youths and later, another couple assaulted her mercilessly. Investigation in the case was going on.

3. The Commission vide its proceeding dated 26.07.24 considered the matter and observed as under:

"XXX

Pursuant to the direction of the Commission, the Commissioner of Police, Prayagraj, submitted an action taken report dated 10.04.2023. It was submitted that a minor 10-year-old adopted girl was admitted in Cantonment Hospital in injured critical condition. Her mother got her admitted in the hospital and fled away. On information by doctors of the hospital, Dhumanganj PS FIR No. 138/23 u/s 323/325/376AB IPC and 3/4 and 5/6 POCSO Act against two accused was registered. Both of them were arrested and sent to jail.

The Commission vide proceedings dated 26.05.2023 directed the District Magistrate, Prayagraj, and the Commissioner of Police, Prayagraj, Uttar Pradesh, to release monetary relief to the victim and submit compliance report of payment along with proof of payment. Then a reminder dt. 20.07.2023 was sent. In response, reports dated 04.07.2023 and 08.09.2023 were received from the office of the Police Commissioner, Prayagraj, along with other reports, stating therein that application for compensation had been uploaded on the portal with victim ID No. 4503600415 for granting monetary assistance to the victim under UP Rani Laxmi Bai Mahila avam Bal Samman Rules, 2015.

Following issuance of reminder-dated 08.04.2024 regarding disbursement of monetary relief under POCSO, the Superintendent of Police (HR), Uttar Pradesh, forwarded report dated 15.05.2024 of Commissioner of Police, prayagraj. It is submitted that necessary documents have been obtained by the District Steering Committee and same is pending due to ongoing code of conduct of general elections 2024. After completion of election, the proposal will be passed by the District Steering Committee for further action.

The Commission has considered the material placed on record. The report revealed that proposal for monetary relief to the victim under UP Rani Laxmi Bai Mahila avam Bal Samman Rules, 2015, is at final stage and pending before the District Steering Committee, Prayagraj. Therefore, let direction be issued to the District Magistrate, Prayagraj, Uttar Pradesh, to submit compliance report along with proof of payment, within four weeks positively.

In response to the aforesaid directions of the Commission, no compliance report along with proof of payment has been received from the DM, Prayagraj, Uttar Pradesh.

Accordingly DM, Prayagraj, Uttar Pradesh is directed to look into the matter and submit compliance report to the Commission along with proof of payment of compensation to the victim within four weeks failing which the Commission would be constrained to invoke its coercive power u/s 13 of the PHR Act, 1993 calling for the personal appearance of the authority concerned before the Commission. Put up thereafter.


4. In response to the aforesaid directions of the Commission, a report dated 15.05.2024 was received from the Commissioner of Police, Prayagraj, U.P. wherein enquiry report dated 15.05.2024 conducted by Asstt. Commissioner of Police, Dhumanaganj Commissionerate, Prayagraj was submitted. As per enquiry report, Rs. Three lakh has been sanctioned by the District Committee and proposal for compensation was sent to Government for payment. Another letter of interdepartmental communication was received from the Distt. Probation Officer Prayagraj stating therein the same fact.

5. Vide previous proceeding dated 10.09.24 the Commission directed as under:

“The commission has perused the reports. From perusal of reports it transpires that compensation has not been paid to the victim till now.

Let, the DM, Prayagraj, Uttar Pradesh is directed to look into the matter and submit compliance report to the Commission along with proof of payment of compensation to the victim within four weeks positively.”


6. However, yet again the requisite compliance report along with proof of payment of compensation to the victim, have not been received. Only a letter dated 09.10.24 from the office of the Commissioner of Police, Commissionerate Prayagraj, U.P. along with certain inter-departmental communications have been received. It is stated therein that the receipt or other proof of the financial assistance was expected to provided by 18.08.24. However, the amount has not yet been provided to the victim and payment of the compensation has been authorized and other necessary documents have been uploaded on the portal after the proceedings of the District Committee.

7. Therefore, the DM Prayagraj has requested the concerned office for UP Rani Laxmi Bai Mahila avam Bal Samman Cell, to instruct the relevant authorities to take action regarding the payment of the compensation amount in the case so that compliance is submitted to the Commission.

8. At this stage, the Commission presumes that failure to comply with the directions of the Commission so far was, due to exigencies of administration and did not manifest lack of sensitivity towards human rights of its people.

9. Accordingly, let a final reminder be issued to DM, Prayagraj, Uttar Pradesh, who is again directed to look into the matter and submit compliance report to the Commission along with proof of payment of compensation to the victim within four weeks positively, failing which the Commission would be constrained to invoke its coercive power u/s 13 of the PHR Act, 1993 calling for the personal appearance of the authority concerned before the Commission.

10. Put up thereafter.  

 
2.     It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 29/12/2024, for futher consideration by the Commission.
 
3.     Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained

Your’s faithfully
Sd/-
Brijvir Singh
ASSISTANT REGISTRAR (LAW)
M-6 Section
Ph. No. 011-24663368

CC to
THE CHIEF SECRETARY
GOVERNMENT OF UTTAR PRADESH, 1ST FLOOR, ROOM NO. 110, LALBAHADUR SASTRI BHAWAN, UTTAR PRADESH SECRETARIAT, LUCKNOW-226001
UTTAR PRADESH
Email- cs-uttarpradesh@nic.in,csup@nic.in


Brijvir Singh
ASSISTANT REGISTRAR (LAW)
M-6 Section
Ph. No. 011-24663368      

Link:    https://www.scribd.com/document/795816818/Ensuring-Justice-for-the-Voiceless-An-Analysis-of-Case-No-5931-24-4-2023

Ensuring Justice for the Voiceless: An Analysis of Case No. 5931/24/4/2023 by pvchr.india9214 on Scribd

Friday, November 22, 2024

Relief granted [Compensation, Disciplinary & Prosecution](CMP) -2137/24/7/2024

https://www.youthkiawaaz.com/2024/11/medical-negligence-and-systemic-failures-in-neonatal-care/

Case No.- 2137/24/7/2024
NATIONAL HUMAN RIGHTS COMMISSION
(LAW DIVISION)
* * *
MANAV ADHIKAR BHAWAN, BLOCK-C,
G.P.O. COMPLEX, INA, NEW DELHI- 110023
Fax No.: 011-24651332    Website: www.nhrc.nic.in

Date : 20/11/2024  
To,
THE CHIEF SECRETARY
GOVT. OF UTTAR PRADESH
LUCKNOW UTTAR PRADESH
Email- cs-uttarpradesh@nic.in,csup@nic.in

 
Sub : Complaint/Intimation from

LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

Subject: Relief granted [Compensation, Disciplinary & Prosecution](CMP) -2137/24/7/2024.
 
Sir/Madam,
 
        I am directed to say that the matter was considered by the Commission on 20/11/2024 and the Commission has directed as follows:
         

The Commission has received a complaint from Shri Lenin Raghuvanshi, a human rights activist from Varanasi, Uttar Pradesh referring to a news report published by the "Amar Ujala" revealing that a new born underweight baby died in Badaun district of Uttar Pradesh as the doctors did not provide an incubator at the SNCU ward of the government hospital for about 12 hours. The complainant has alleged that the baby was admitted in the SNCU ward only after a bribe of Rs. 5,000/- was paid by the family and the death has occurred due to delay and negligence by the hospital staff. The complainant has requested the Commission to intervene into the matter.

Pursuant to the direction of the Commission, the Chief Medical Superintendent Women Hospital, Badaun, submitted report dated 01.06.2024 which was considered by the Commission vide its proceeding dated 02.07.2024. The Commission subsequently, issued show cause notice as under:
“The Commission has considered the material placed on record. The present complaint pertains to medical negligence in treatment of a new born underweight baby which ultimately led to her death within 24 hours. The action taken report denied any medical negligence and submitted that all medical treatment was provided. However, the report does not inspire the confidence of the Commission for the following reasons:  

i. The defense of the hospital that there was delay in admission of baby as there was no bed available and same was conveyed to the parents, is shallow, misleading and supports the allegations of the complainant about medical negligence.

ii. The report revealed that there was no bed available and in view of serious condition, the baby was referred to higher set-up but parents were refused to do so and left the hospital with baby. As per referral guidelines for health facilities in Uttar Pradesh of Dept. of Medical, Health & Family Welfare, Lucknow, it is mandatory for the hospital, that “in the case of emergency referral, if the patient‘s condition is critically dangerous warranting continuing medical support, or if there is a chance to worsen, demanding emergency resuscitation, an appropriately functional medical ambulance should be made available.” The report failed to address the issue of providing ambulance in view of serious condition of the baby to take her higher set-up.

iii. It was the responsibility of the SNCU/District Hospital, in view of serious condition of the baby, to make arrangement of ambulance to take them to the higher set-up.

iv. Admittedly, the pediatric ventilator is not available in the said SNUC. It also appears that pediatric incubator was also not available.

v. Admittedly, the baby was premature and low weight; in such condition, she might have required the ventilator/incubator. Whether unavailability of pediatric ventilator/incubator in SNCU and its importance in treatment of baby was conveyed to parents?

vi. After 12 hours, a bed got vacant due to death of another baby.

vii. The purpose of establishing SNCU in each District Hospital is to save lives of children in specific age group or with specific health condition and it is surprising that a specialized services such as SNCU i.e. Special Newborn Care Unit, is running without pediatric ventilator and incubator.

viii. The Technical Specifications of Medical Devices for SNCU, 2015 released by the Ministry of Health and Family Welfare, Govt. of India, makes mandatory to have pediatric ventilator/ incubator.

ix. Moreover, the Tookkit guide for setting up SNCU, of the UNICEF, also makes mandatory to all SNCU at the district level to have ventilator/incubator to deliver necessary quality treatment.

In view of aforesaid findings and observations of the Commission, it is apparent there was negligence not just on the part of Hospital to provide required counseling to the parents and ambulance service to the baby but also on the part of state administration to provide necessary equipments to the concerned SNCU, resulting death of a new born baby victim. Apparently, this negligence violated the deceased baby's Right to Health and Right to Life as enshrined under Article 21 of Constitution of India for which the State Govt. is vicarious liable. Therefore, the Commission directs its Registry to issue Show Cause Notice u/s 18 of the Protection of Human Rights Act, 1993 to the Govt. of Uttar Pradesh through its Chief Secretary, as to why Commission should not recommend a compensation of Rs. 2,00,000/- (Rs. Two Lakhs Only) to the NoK of deceased baby, within six weeks.

In addition, let direction be issued to the Chief Secretary, Govt. of Uttar Pradesh, is directed to submit action taken report with respect to provide all necessary equipments including pediatric ventilator and incubator to the concerned SNCU, so as to prevent such incidents in future. Response within six weeks.”

In response, the Commission received a copy of communication dated 6/8 July 2024 from the Jt. Secretary, Home (HR) Section-I, Govt. of Uttar Pradesh addressed to the Principal Secretary, Dept. of Medical, Health and Family Welfare, requesting therein to submit response to the Commission’s show cause notice.

The Commission has considered the material placed on record. Pertinently, the Commission had issued show cause notice keeping in view of facts and circumstances of the case, prevailing legal principals, referral guidelines for health facilities in Uttar Pradesh issued by Dept. of Medical, Health & Family Welfare, Technical Specifications of Medical Devices for SNCU, 2015 released by the Ministry of Health and Family Welfare, Govt. of India, and Tookkit guide for setting up SNCU, of the UNICEF.

However, no response to the Commission’s show cause notice has been received from the Dept. of Medical, Health and Family Welfare, despite passage of more than four months. It appears that the Dept. of Medical, Health & Family Welfare, Govt. of Uttar Pradesh, has nothing to urge in the matter. Therefore, the Commission confirms its show cause notice and directs the Govt. of Uttar Pradesh through its Chief Secretary, to release compensation of Rs. 2,00,000/- (Rs. Two Lakhs Only) to the NoK of deceased baby, and submit compliance report along with proof of payment within six weeks.

 
        It is therefore, requested that the compliance report in the matter be sent to the Commission latest by 11/01/2025, so that the same could be placed before the Commission.
 
        Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained

Your’s faithfully
Sd/-
Mukesh
DEPUTY REGISTRAR (LAW)
M-1 Section
Ph. No. 011-24663317

CC to

Complainant Details
Case No. 2137/24/7/2024
LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

Mukesh
DEPUTY REGISTRAR (LAW)
M-1 Section
Ph. No. 011-24663317

Links:   

https://www.scribd.com/document/795490408/Relief-Granted-Compensation

https://www.scribd.com/document/795490407/DiaryDetails

https://www.scribd.com/document/795490409/Relief-granted-Compensation-Disciplinary-Prosecution-CMP-2137-24-7-2024

Relief Granted Compensation by pvchr.india9214 on Scribd

DiaryDetails by pvchr.india9214 on Scribd

Relief granted [Compensation, Disciplinary & Prosecution](CMP) -2137/24/7/2024 by pvchr.india9214 on Scribd