The death of a newborn is not merely a medical outcome—it is a human rights issue when questions of negligence, accountability, and compensation remain unanswered. A recent communication from the National Human Rights Commission (NHRC) in a case from Sahibganj, Jharkhand, exposes serious institutional gaps that continue to deny justice to a grieving family.
The Case: Death of a Newborn in a Private Nursing Home
On 27 February 2025, a newborn baby died at Jhumawati Private Nursing Home, Sahibganj. The family alleged medical negligence, naming the attending gynecologist and hospital staff. Following the death:
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The family lodged a written complaint at Jirawadi Police Station
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Allegations were raised regarding negligent treatment
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The incident triggered public outrage and distress
A complaint was filed before the NHRC on 28 February 2025, seeking justice, accountability, and appropriate action.
NHRC Proceedings: Serious Lapses in Inquiry
The NHRC took cognizance of the matter on 14 July 2025, directing the Chief Medical Officer (CMO), Sahibganj and the Superintendent of Police to submit an Action Taken Report (ATR).
While the police submitted a report claiming:
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No negligence by doctors
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Proper and skillful conduct of surgery
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Weak heart rate of the newborn despite efforts
The NHRC found serious deficiencies in this inquiry:
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❌ No independent medical expert opinion
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❌ Victim’s family not associated with the inquiry
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❌ No response from the Chief Medical Officer, despite reminders
Recognizing these gaps, the NHRC has now issued a final reminder to the CMO, directing submission of a complete report by 25 January 2026, with oversight by the District Magistrate.
The Missing Conversation: Compensation for the Family
One crucial issue remains conspicuously absent from official responses—compensation.
Under constitutional and human rights jurisprudence:
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The death of a newborn in institutional care engages Article 21 – Right to Life
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Where negligence or procedural lapses are alleged, the State has a duty to ensure effective remedy
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Compensation is a human rights remedy, not dependent on criminal conviction
Even where negligence is disputed, ex gratia compensation is routinely recommended by the NHRC in cases involving:
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Maternal and neonatal deaths
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Private hospitals functioning under state regulation
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Failure of oversight by health authorities
The prolonged silence on compensation reflects a troubling reality: families are left to grieve without relief, support, or acknowledgment of loss.
Accountability Beyond Paper Reports
The NHRC has rightly noted that:
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Police inquiries alone are insufficient in medical negligence cases
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Expert medical boards and transparent procedures are essential
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Families must be heard, not sidelined
Without an independent inquiry and meaningful relief, official reports risk becoming tools of institutional self-protection, rather than justice.
A Larger Pattern of Denial
Across India, cases involving:
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Newborn deaths
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Maternal mortality
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Private nursing homesoften end with delayed inquiries, inconclusive findings, and no compensation.
This case from Sahibganj highlights how:
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Regulatory authorities fail to act promptly
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Medical accountability mechanisms remain weak
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Victims’ families are pushed into silence through delay
Justice Must Include Compensation
The NHRC’s intervention is significant—but justice cannot stop at reminders.
True justice in this case demands:
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An independent medical expert inquiry
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Participation of the victim’s family
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Time-bound compensation to the parents
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Systemic corrective measures against regulatory failures
A newborn’s life may have been brief—but its value is immeasurable. Compensation is not a price on life; it is a recognition of loss, responsibility, and the State’s obligation to protect its most vulnerable citizens.
Date: Thu, Dec 18, 2025 at 4:35 PM
Subject: Additional Information Called for(AIC) -187/34/17/2025
To: <dc-sah@nic.in>, <dmo-sahibganj@jharkhandmail.
 |
| NATIONAL HUMAN RIGHTS COMMISSION |
| MANAV ADHIKAR BHAWAN BLOCK-C, GPO COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| (Law Division) |
| Case No.- 187/34/17/2025 |
| Date : 18/12/2025 |
| To, |
| THE DISTRICT MAGISTRATE Deputy Commissioner-cum-District Magistrate and Collector, SAHIBGANJ JHARKHAND Email- dc-sah@nic.in THE CHIEF MEDICAL OFFICER SAHIBGANJ JHARKHAND Email- dmo-sahibganj@jharkhandmail. |
| Sub : Complaint/ Intimation from |
DR LENIN RAGHUVANSHI |
| Subject: Additional Information Called for(AIC) -187/34/17/2025. |
| Sir/ Madam, |
| I am directed to say that the matter was considered by the Commission on 18/12/2025 and the Commission has directed as follows.: |
| 1. The Commission received a complaint on 28.02.2025 about medical negligence in Sahibganj, Jharkhand. The complainant alleged that a newborn died due to alleged negligence by doctors at Jhumawati Private Nursing Home, Following the incident, the family created a disturbance at the hospital and filed a written complaint at Jirawadi police station, accusing Dr. Snehlata Kumari of negligence. The police have started an investigation, and the family has demanded strict legal action against the doctor. |
| 2. It is therefore, requested that the additional/ complete report as directed by the Commission in the matter be sent latest by 25/01/2026, 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 |
| CC to |
Atul Kumar |
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