PVCHR: First time one lakhs Indian Rupees to victim of malnutrition death by NHRC

JanMitra Nyas with support of CRY tried very hard to save the life of boy. But the boy died due to medical negligence. Then, Shruti Nagvanshi, Founder and Managing Trustee of PVCHR filed a petition to NHRC over the death of 5 years old Musahar boy due to malnutrition and medical negligence. After six years continuous struggle and effort of the PVCHR team, the parents of the boy received one hundred thousand Indian Rupees and all Musahars in the ghetto received all welfare schemes, medical facilities, Housing and schemes of food security. It is the first time in history that a survivor of malnutrition death received compensation of one lakh Indian rupees.

Shruti and her team also received much pressure and threat, but courage worked and truth prevailed.

Last order of National Human Rights Commission (NHRC)

Diary No	100404	Case / File No	26535/24/72/2015
Victim Name	ROHIT S/O MEENA DEVI	Registration Date	04/07/2015

The complainant has alleged that the 5 months old child of the victim died due to negligence of doctors on 20.05.2015. She had taken her child for treatment to emergency ward of Nourishment Rehabilitation Centre, but they refuse to admit her child. Due to non-providing of right treatment of her child on time, her child succumbed to death due to poor health. She had requested intervention of the Commission in the matter. The Commission vide its proceeding dated 23.03.2020, had observed that no report/reply to show-cause notice has been submitted by the Chief Secretary, Government of UP, which means that the Chief Secretary, Government of UP, had nothing to urge in the matter and Commission reiterates its earlier stand and recommends the payment of Rs.1,00,000/- (Rupees One Lakh only) to be paid to the NOK of the deceased, as compensation. Chief Secretary, Govt. of UP, was directed to inform the Commission that (a) Whether the house under PMAY scheme has been given to the victim's mother (b) whether any monthly pension was being provided to the mother of the victim. The authority was further directed to submit the compliance report along with proof of payment of Rs.100000/- to the NoK of the deceased in the present case. Pursuant to the directions of the Commission, report dated 18.03.2020,was submitted by the Director, Bal Vikas Sewa Evam Pustahar, Lucknow, UP. It was reported that during enquiry, it was found that the deceased child was underweight (2 kgs) and the mother Smt. Meena Devi was a young mother, due to which the child was born weak and medical services were not availed by the mother of the victim child. Though the Angwan Wadi Centre was far away from the village, but regular nutritional supplements were distributed in the village. Awareness program were being initiated to create awareness among the people of the village. The name of the maternal grandmother of the deceased child was selected in the list of beneficiaries under Mukhya Mantri Awas Yojana and construction of the said house shall be carried out as per rules. A letter dated 17.09.2020, had been received from the Commissioner, Varanasi Division, UP, along with the report dated 31.08.2020, and 07.09.2020 of the District Magistrate, Varanasi, UP, and the report dated 20.08.2020 of District Development Officer, Varanasi, UP. It is reported that 15 nos. of beneficiaries at village Raitara had been allotted residential complexes, wherein 04 nos. of beneficiaries were also getting pension. Water hand pump was in working condition. There were total 27 nos. of families, for which additional hand pumps had been requested from the authorities, though the Govt. had sanctioned one hand pump upon 150 persons. It was further submitted that the victim was a resident of district Jaunpur, UP, and village Raitara, Varanasi, was her maternal house. The pension and residential benefit could only be awarded by District Magistrate, Jaunpur, Uttar Pradesh as per law. Requisite report in pursuance to proceeding dated 23.03.2020, had not been filed by the Chief Secretary, Govt. of UP, with regard to payment of compensation of Rs.100000/- to Smt. Meena Devi (mother of the deceased child). Registry was directed to issue final reminder to the Chief Secretary, Govt. of UP, to submit the compliance report along with proof of payment of Rs.100000/- to Smt. Meena Devi (mother of the deceased child) in pursuance to the proceeding dated 23.03.2020. The District Magistrate,Jaunpur, UP, was directed to submit report with regard to allotment of house to the victim Smt. Meena Devi and disbursement of financial assistance under various Social Welfare Schemes, failing which the Commission would be constrained to issue coercive process U/sec. 13 PHR Act, 1993. In response to the notice, a report dated 26.10.2020, has been received from the Dy. Secretary, Govt. of UP, addressed to the Director General, Health & Family Welfare Dept., Lucknow, wherein it was stated that the compensation amount of Rs.100000/- to Smt. Meena Devi (mother of the deceased child), had been approved. The DG was directed to arrange for payment of the compensation amount of Rs.100000/- to Smt. Meena Devi (mother of the deceased child), and forward the Receipt / Proof of Payment to NHRC. In response to the notice, a report dated 28.10.2020,has been received from the Director General, Health & Family Welfare Dept., Lucknow, addressed to Chief Medical Officer, Varanasi, wherein hewas directed to pay the compensation amount of Rs.100000/- to Smt. Meena Devi (mother of the deceased child), and forward the Receipt / Proof of Payment to NHRC. In response to the notice, a report dated 21.01.2021, has been received from the Director, Bal Vikas Sewa Evam Pustahar, Lucknow, UP, wherein it is intimated that the on enquiry it was established that the name of the mother of Smt. Meena Devi (the complainant) was Smt. Sudama Devi W/o Sh. Motilal, and that she had been registered under the Mukhya Mantri AawasYojna, and the requite funds had been transferred into her bank account. It was further intimated that the complainant’s mother was not eligible for pension under the rules, as she was just 50 years of age. The Commission has considered the material on record and looked into facts and circumstances of the case. The compensation amount of Rs.100000/- had been sanctioned, and the Chief Medical Officer, Varanasi, has been directed to make the payment. Under these circumstances, no further intervention on the part of the Commission is required. Hence, the case is closed.

Complainant and incident details

Name	SHRUTI NAGVANSHI
Address	PVCHR, 4/2A, DAULAT PUR
District	VARANASI	State	UTTAR PRADESH

Incident Place	PINDRA	Incident Date	20/05/2015
Incident Category	MALFUNCTIONING OF MEDICAL PROFESSIONALS
Incident District	VARANASI	Incident State	UTTAR PRADESH

Victims

Victim Name	ROHIT S/O MEENA DEVI	Gender	Male
Religion	Unknown	Cast	Unknown
Address	R/O. PINDRA, GRAM PANCHAYAT, PINDRA RAITARA
District	VARANASI	State	UTTAR PRADESH