JASBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The tragic facts of the case and barbaric attitude of the respondent authorities reminds one of the premitive mediaeval age when man was treated like an animal and deprived of the virtues of a civilised society. At this stage of the winding up of the twentieth century and when we are at the door steps of the twenty-first century, the heads of civilised society would bow in shame to know about the facts of the case and the treatment meted out to a newly born child who is alleged to have been taken away by a cat in a Government owned and managed hospital. The woeful story has been narrated by the parents of the unfortunate child who have in desparation prayed for an inquiry through the Central Bureau of Investigation and in frustration have prayed for the grant of compensation for rehabilitation and upbringing of the said child. It is unfortunate that despite admitting the facts narrated in the petition, the respondents have chosen to resist this petition on frivolous grounds and false pretexts.

(2.) The petitioner Jasbir Kaur, mother of the unfortunate child is shown to have been admitted in Shri Guru Teg Bahadur Hospital, Amritsar, on 24/06/1993, allegedly in a serious condition of leakage. She was subjected to Sonography and after caesarian operation on 25/06/1993, a healthy normal male child is stated to have been born to her at 6.00 p.m. The operation is stated to have been conducted by Dr. Harinder Kaur. It is submitted that no arrangements are made for any cradle for separately keeping the children born through caesarian operation for the people belonging to lower strata, termed as poor. The parents of the child and the relations were told that the mother and child should not sleep together on one bed because of the fear of infection. Under these circumstances, the child was kept with the relative of the petitioners on the intervening night of 25th- 26/06/1993. The electric light is alleged to have gone off suddenly in the maternity ward and the attendant sleeping with the child found the child missing from her side. Hue and cry was raised and search was made in the hospital premises, resulting in the discovery of the child in a profusely bleeding condition, with one eye totally gouged out along with the eyeball. The child in such a condition was found near the wash basin of the bathroom. The matter was brought to the notice of the authorities for holding an inquiry as the parents genuinely and bonafidely believed that their child had been replaced with a damaged eye child. As no action was taken, Smt. Vimla Dang, M.L.A., from Amritsar, was approached who thereafter made inquiries and wrote letters to the authorities for taking action in the matter. Despite registration and investigation of the case, no action was taken by any of the authorities of the respondent-State, forcing the petitioners to approach this Court for the grant of relief by handing over the case to the Central Bureau of Investigation, an independent agency, for investigating the case in which the child of the petitioners was allegedly replaced or exchanged with another child or to ascertain the circumstances in which the child is stated to have been lifted by a cat and his one eyeball was gouged out. It was further prayed that the hospital authorities be directed to make proper arrangements and ensure proper working in the hospital and not to play with the lives of the human children by exposing them to be wasted at the hands of the animals like cats. It was alternatively prayed that the petitioners be awarded a compensation to the extent of rupees ten lakhs for negligence, callousness and carelessness of the respondents.

(3.) In reply, it is submitted that a preliminary inquiry was conducted in which it is stated to have been established that incident had occurred due to the negligence of the family members of the newly born child. Even after recording of F.I.R. No. 112 dated 8/07/1993, the matt matter was investigated and it was found that the allegations made were false and frivolous. It is submitted that the Inquiry Officers appointed in the case have totally ruled out the possibility of any of the circumstances in which the child of the petitioners was allegedly replaced or exchanged with another injured child by the doctor/staff of Shri Guru Teg Bahadur Hospital, Amritsar. The Inquiry Officers also ruled out the possibility of taking out the eye of the newly born child for transplantation. The petitioners are stated to be not entitled to any compensation in view of the alleged admission made by them in their statements recorded on 26/06/1993. The admission of the petitioner mother in the hospital and the birth of a normal healthy newly born child is admitted. It is submitted that at the time of his birth the child did not have any injury on any part of his body and no negligence or callousness can be attributed to the respondents in treating the patient in the way as alleged in the writ petition. It is submitted that the patients are admitted and treated in the hospital irrespective of their caste, creed and economic status. It is, however, admitted that the electricity went off suddenly during the night intervening 25th- 26/06/1993. It is, further, submitted that at that time the grandmother of the child went outside to fetch a hand fan from her husband leaving the child with the sister-in-law of Jasbir Kaur, petitioner. At that time, the staff nurse on duty heard the cries of a child from the adjacent bathroom where she and class IV employees on duty with the help of the relatives of petitioner No. 1 and other patients searched for the child with the help of a torch and found the child injured in the said bathroom. It is contended that no fundamental or legal right of the petitioners has been infringed as claimed in the writ petition and the same is liable to be dismissed.