BALU GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Mr. Balu Gopalakrishnan, the petitioner herein, is a lawyer by profession. He wants to bring to the attention of this Court an untoward incident, wherein a fully pregnant lady, who according to him, was made to run for 14 hours, by the District Medical authorities, resulting in the death of her twin children.

(2.) The incident happened as a result of sheer apathy of the Government machinery, having scant regard to human lives. It had happened before also at the same Medical College Hospital, which is supposed to be the tertiary care centre in a district. A month before, four pregnant ladies were denied admission to the Medical College, citing they had COVID symptoms, and were referred to Perinthalmanna Government Hospital, 25 Kms and 40 minutes away. The public had to intervene and the 4th respondent was constrained to take the patients in. On 26.09.2020, the hapless lady was turned away citing that the Medical College was a COVID Treatment Centre and non-COVID patients should seek medical care elsewhere. The 4th respondent is expected to devise its own methods for critically ill patients and not let the patients in a lurch.

(3.) Even though the Government Doctors are prohibited from private consultation, it is seldom followed. The State should come down heavily on such doctors and be booked under relevant provisions of criminal law. Accountability is about the relationship between the State and its citizens, and the extent to which the State is answerable for its actions. If people in responsible positions are non accountable for such dastardly acts, then the State loses its credibility. It is unfortunate that the police department has not till date registered a crime and started investigating into the deaths. This is not a case of medical negligence. But a brutal crime orchestrated by the system, where there is no value for a precious human life.