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Infant mortalities in Ramnagar area of District Udhampur

YB WEB DESK. Dated: 11/23/2021 1:06:00 PM

YB News Udhampur, Nov 22 The J&K Administration has finally ordered to pay compensation of Rs. Three lakh each to the family members of the infant victims of spurious drugs in Ramnagar area of Udhampur district of the state. “The order passed by the Health and Medical Education department is only a small step in the direction of providing succour to the families of infant victims and also a victory for common masses who suffer due to lack of medical care and official negligence dayin- and-day-out throughout the country,” said Sukesh.C.Khajuria, eminent social activist who fought a lone battle for justice to the victims. The Health and medical education department in it’s Order No 711- JK(HME) of 2021 dated 16-11-2021 ordered to release a sum of Rs. 36 lakhs for 12 infant victims of spurious drugs in Ramnagar area of the state following approval by the Administrative Council Headed by Lt. Governor Manoj Sinha in it’s meeting held on October 7, 2021. The department has ordered the release of the compensation amount to the State Drug Controller for further payment as a special and exceptional infant mortality case subject to the outcome of the Special Leave Petition (SLP) pending before the Supreme Court of India. The J&K administration was forced to pay compensation following orders by the National Human Rights Commission( NHRC) in its orders dated January 18, 2021 and July 19, 2021on a petition filed by social activist Sukesh. C. Khajuria. Interestingly, the J&K administration has challenged the order of the J&K High court upholding the payment to the innocent infant victims who died consuming spurious drugs. Sukesh.C.Khajuria had approached the NHRC for ordering appropriate compensation to the victims and fixing of responsibility of the state authorities in the case. He had argued that it was the constitutional duty of the state authorities not only to protect the lives of the citizens but also ensure that spurious drugs harmful for humans are not sold. Sukesh. C. Khajuria in his reaction said that the case is a landmark in the history of judicial activism where the state has been ordered to pay compensation for the utter neglect and alleged callous connivance of the state drug authorities in checking the sale of spurious drugs in the remote mountainous areas of the state. “I regret the attitude of the bureaucrats and the politicians who resisted the delivery of justice to the innocent infant victims and even went to the High Court and Supreme Court against NHRC orders. The release of compensation amount has a rider of the outcome of SLP of the J&K government in Supreme Court but I am confident that the Apex Court will also provide “complete justice” as per Article 142 of the constitution of India to the infant victims,” he said. The J&K High Court has not only rejected the plea of the administration against payment of compensation ordered by NHRC but also passed strictures against the conduct of the bureaucracy. The issue of deaths of infants was taken up by Sukesh C.Khajuria, an eminent social worker of J&K 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, after consideration of facts & circumstances of the case, found that there was a procedural lapse on the part of the Drug Department of the State of 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 thus held that the State is vicariously liable for said negligence. In view of that , by exercising power u/s 18a(i) of PHR Act, 1993, the Commission 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 in the present case, who died due to the consumption of adulterated oral syrup/medicine and whose human rights have been infringed. The authority was further directed also to file report with regard to action taken against the delinquent officials, on account of whose negligence such incident had occured, which could otherwise be averted due to their strict vigil. The said recommendation was confirmed vide direction dated 18-01- 2021 wherein the Chief Secretary, Govt. of Jammu & Kashmir was asked to pay monetary compensation of Rs. 3,00,000/- to the NoK of each deceased in the present case, who died due to the consumption of adulterated oral syrup/medicine and whose human rights were infringed. 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 email dated 07- 06-2021 has submitted a compliance report by forwarding a letter dated 07-06-2021 of the Undersecretary of that Department wherein it is stated that vide a communication dated 01-06- 2021, the State Drugs Controller, Drugs and Food Control Organization, J & K, Jammu has been asked to make the payment of Rs. Three Lakhs to NoK of each deceased in terms of the order of the Commission. It was, however, observed that said letter dated 1.6.2021 which is addressed to the State Drug Controller, it is further clarified that said monetary compensation shall remain subject to the outcome of SLP pending before Supreme Court of India. The Commission, however, observes that proof of payment of Rs. Three Lakhs to NoK of each deceased from later authority is still awaited. In the circumstances, the Commission directed the Chief Secretary, UT of Jammu & Kashmir to submit proof of payment of aforesaid amount of Rs. Three Lakhs to NoK of each deceased infant/ child within four weeks positively failing which the Commission shall 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.”