Lawstreet Journal

Bombay High Court Seeks Details From State About 11 Deaths That Allegedly Occurred Due To Negligence On Behalf Of Hospitals

Lawstreet Journal 7 Oct 2020 6:32pm

Image courtesy: Lawstreet Journal Judiciary Bombay High Court Seeks Details From State About 11 Deaths That Allegedly Occurred Due To Negligence On Behalf Of Hospitals

The Bombay High Court on 5th October 2020 directed the State government to file an affidavit containing the details of deaths that have occurred due to the mismanagement of dead bodies in State and Municipal hospitals. The court further stated that if the allegations of culpable negligence are proven against the State and Municipal hospitals then the families of such deceased persons will be entitled to compensation. 

The Bench comprised of Chief Justice Dipankar Datta and Justice NJ Jamdar who heard the Public Interest Litigation filed by the Bhartiya Janta Party leader Ashish Shelar and questioned about the manner in which the dead bodies of the infected person were being handled allegedly resulted in 11 deaths. 

In the beginning, the Court noted that “The larger issue raised in this PIL petition was with respect to proper management of dead bodies of the COVID victims which is also pending for adjudication before the Apex Court. We are inclined to keep the issue suspended awaiting the decision of the Supreme Court.” 

However, until final directions are dispensed by the Apex Court the High Court has stated to follow the guidelines issued by the Ministry of Health and Family Welfare, Government of India on 15th March 2020 regarding the dead body management with reference to the Covid-19 patients and follow the additional guidelines as laid down by the Division Bench of the Calcutta High Court in case of Vineet Ruja v. Principal Secretary, Ministry of Health and Family Welfare, Government of West Bengal and Ors. 

The court clarified that this… Continue Reading...


Tagged: Bombay High Court   Corona Updates  
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