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Suo Motu Cognizance of the Bombay High Court: A Wake-Up Call for Healthcare

The Bombay High Court has recently taken suo motu note of the unfortunate deaths of patients in government-run hospitals in the Nanded and Chhatrapati Sambhaji Nagar districts, which has shocked the Maharashtra healthcare system. In a letter, lawyer Mohit Khanna expressed worry about the rising rate of mortality, particularly among infants, and this action is in reaction to his letter. Justice Arif Doctor and Chief Justice Devendra Kumar Upadhyaya’s division bench have intervened to look into the situation and make sure that responsibility is established.

The Unsettling Truth

In his letter to the court, Advocate Mohit Khanna revealed a depressing truth: At the Dr. Shankarrao Chavan Government Medical College and Hospitals (GMCH) in Nanded, 31 people, including infants, perished, while 14 more patients perished tragically at the Chhatrapati Sambhajinagar Government Hospital. These deaths were linked to a lack of basic supplies like beds, medical personnel, and medications—a flagrant violation of the right to life protected by Article 21 of the Constitution.

After receiving Khanna’s letter, the Bombay High Court responded promptly to this serious matter. At first, the court instructed Khanna to submit a thorough petition that included information on the number of open hospital beds, the availability of medications, and government spending on healthcare. But after giving the subject some more thought, the court chose to take suo motu cognizance of it, designating Khanna as the case’s amicus curiae.

The court’s prompt response underscores the seriousness and urgency of the circumstance. It recognises that human lives lost as a result of institutional flaws cannot be allowed and that those accountable must be held in check.

An Invitation to Accountability

The state’s fiscal allocation for healthcare is one of the important factors that the court is concentrating on. Birendra Saraf, the advocate general for Maharashtra, has been given the task of outlining the government’s financial commitment to the healthcare industry. This openness is essential for determining whether the deaths could have been avoided and whether resources were used efficiently to save lives.

The court has also requested an investigation into the dearth of specialised physicians in these facilities. Lack of skilled staff can have disastrous effects because specialised medical care can frequently mean the difference between life and death.

The Next Steps

On October 4, 2023, the National Human Rights Commission of India (NHRC) also took “suo motu cognizance” of the situation. According to the reports, patients in these hospitals have reportedly been dying owing to a lack of doctors and medicine.[1] It is crucial that all parties participate fully and openly in the inquiry as the court gets ready to hear the case on Friday, October 6. Families who have lost loved ones need an explanation, and any carelessness or flaws in the healthcare system must be corrected.

[1] Official NHRC website, https://nhrc.nic.in/media/press-release/nhrc-notice-chief-secretary-government-maharashtra-over-reported-deaths-several

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