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INDIA: Government hospital negligence and police inaction in the killing of a woman

November 28, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

28 November 2006
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UA-383-2006: INDIA: Government hospital negligence and police inaction in the killing of a woman   

INDIA: Corrupt policing and poor quality of investigation; nexus between the police and criminals; impunity; poor quality of government hospitals; failure of the rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner MASUM in West Bengal regarding the gross negligence of government hospitals and police inaction regarding a fatal attack on a woman. It was reported that several government hospitals refused to provide emergency medical treatment to the seriously injured victim, which resulted into her untimely death. It was also reported that the local police apparently delayed filing a non-bailable charge against the alleged perpetrators despite the complaint by the relatives of the victim and indirectly helped them to be bailed out by the court. It is believed that the police inaction is due to the nexus between the police and the alleged perpetrators, who are rich and influential figures in the area. 

CASE DETAILS:

The family of Mrs. Gouri Naskar (35) of Tentulpara, Naskarpara, Garia village under the control of the Sonarpura Police Station in South 24 Pargana District, West Bengal, India had a longstanding dispute with the family of her husband's uncle, Mr. Bholanath Naskar, regarding a piece of land, that has not been demarcated. Mr. Bholanath, who is a wealthy and influential man in the area, allegedly used his influence and illegally constructed a boundary wall at the common entrance of the two families for the concerned land. This caused great difficulty to the victim's family to access the land and the victim's husband Mr. Sushil Naskar lodged several complaints with different responsible authorities but received no response from any of them.

At around 9:30pm on 8 August 2006, two sons of Mr. Bholanath assaulted Mrs. Gouri's 10-year-old son. When she protested against the beating of her son, Mr. Bholanth and another son joined the two men and they all brutally attacked Mrs. Gouri with bamboo sticks and concrete rods. As a result, the victim was seriously injured on her head.   

Mrs. Gouri was then immediately brought to Bangur Hospital of Kolkata. However, after assessing her condition as critical, hospital officials refused to provide further medical treatment to her and released her the very next day (August 9). Mrs. Gouri was then taken to Chittaranjan Medical College and Hospital, Kolkata, where again the doctors refused to admit her after scanning her head, merely saying that the hospital did not have proper equipment for her treatment. Then Mrs. Gouri was again taken to other government hospitals; National Medical College and Hospital, Kolkata and S.S.K.M. Hospital, Kolkata but both places also refused to admit her after observing the seriousness of her injuries, saying that they had no available beds. Accordingly, Mrs. Gouri's family was forced to bring her back home because at that time they did not have enough money to admit her in a private hospital. 

On August 11, Mrs. Gouri's family somehow managed to collect the money from the relatives and admitted her in a private clinic by spending Rs 35,000 (USD 783) but Mrs. Gouri ultimately succumbed to her head injuries on August 14.  

Meanwhile, two days after the incident on August 10, Mrs. Sandhya Naskar, the sister of the victim's husband, lodged a complaint against the four concerned men with the Sonarpura police station and the First Information Report was registered under sections 324 (voluntarily causing hurt by dangerous weapons or means) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (FIR no. 260/06 dated 10/08/06). However, the police did not take any action to investigate the incident and arrest the alleged perpetrators. They did not even visit the place of the incident.

Furthermore, the Sonarpura police unnecessarily delayed to add section 304 (punishment for culpable homicide not amounting to murder) of IPC, a non-bailable charge, in the charge sheet against the alleged perpetrators for 46 days after the victim's death until September 30. Taking advantage of the deliberately delayed police action, on September 12 all the alleged perpetrators successfully obtained bail from the Court of Additional Chief Judicial Magistrate (ACJM) of Alipore, which was not aware the victim's death and treated the case as a bailable one. It is reported that the perpetrators are now arrogantly intimidating the victim's family not to pursue the case against them. To date, the Sonarpura police have not yet taken any serious action to investigate the incident and arrest the alleged perpetrators. The victim's family believes that the police inaction is due to the nexus between the police and the alleged perpetrators, who are rich and influential figures in the area. 

ADDITIONAL COMMENTS:

In fact, Mrs. Gouri's case is yet another case relating to the nexus between the influential criminals and local police. The AHRC has constantly raised its serous concern about this matter by reporting several cases relating to this issue. They include: UA-351-2006, UA-375-2006 and UA-370-2006.

In the normal investigating procedure by the police, the first step is to register a First Information Report (FIR) instantly under relevant sections of respective Laws. However, in many cases, the police refuse to register the FIR or deliberately delay to register the FIR to give the alleged culprits a chance to escape. In the second step, the police must also investigate and file the charge sheet at the local court which entertains jurisdiction over the case without undue delay. However, it is common practice in India that the police fail to investigate or initiate any action against the criminals due to corruption.

An effectively functioning criminal justice system is the primary requisite for establishing the rule of law and policing is the backbone of the criminal justice system. No rights whether they be civil and political or economic, social and cultural would find meaning without a properly functioning criminal justice mechanism. While the superior courts in India and the government of India itself boasts about the luminous judgments rendered by the Apex Court of the country, in many rural villages in India none of these judgments or any laws are enforced even to the bare minimum. India is a country where 71% of its 1.2 billion populations reside in villages. This means that for an alarming section of India's 852 million rural population rule of law and governance makes no sense.

Moreover, in this case, the victim was further victimized by the poor public health system, particularly the government hospitals. If the victim had received timely and proper medical treatment, she could have survived. The problem is that numerous numbers of civilians in India are suffering from very poor service from the governmental hospitals. They are forced to go to very costly private clinics to receive proper treatment but for those who don't have enough money, this is not an available option.  To see further details about the failure of the public health system in India, please also refer to: UA-270-2006 and UA-206-2006.     


The Supreme Court of India has already acknowledged this matter and gave direction in the case of Paschim Bangal Khet Mazdoor Samity and others Vs State of Bengal (refer to: All India Reporter (AIR) 1996, page 2426). The Supreme Court stated in the judgment that "failure on the part of the Government Hospitals to provide timely medical treatment to a person in need of such treatment results in violation of her 'Right to Life' guaranteed under Article 21 of the Indian Constitution". Therefore it is one of the most essential obligations of the state is to provide timely proper medical treatment to the people irrespective of any discrimination. The AHRC holds to its firm opinion that the failure of government hospitals to provide the emergency medical treatment to the victim violated her right to life and strongly urges the Indian government to ensure that adequate compensation is given to the victim's family.       
      
SUGGESTED ACTION:
Please write to the relevant authorities and urge them to intervene into this matter immediately. Please urge them to order a prompt and thorough investigation about the inaction of Sonarpura police and take steps to arrest the alleged perpetrators. Please also write to initiate the enquiry against the gross violation of 'right to life' of the victim by government hospitals in West Bengal. The AHRC is also writing to Mr. Paul Hunt, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health regarding this matter. 

To support this appeal, please click:
      
Sample letter:

Dear ________,

INDIA: Government hospital negligence and police inaction about the killing of a woman   

Name of victim: Mrs. Gouri Naskar, aged 35, the wife of Mr. Sushil Naskar, resided in Tentulpara, Naskarpara, Garia village under Sonarpura Police station  in South 24 Parganas district, West Bengal state, India
Alleged perpetrators:
1. Mr. Bholanath Naskar, Mr. Sushil Naskar's uncle
2. Mr. Tabal Naskar, the son of Bholanath Naskar
3. Mr. Swapan Naskar, the son of Bholanath Naskar
4. Mr. Bapi Naskar, the son of Bholanath Naskar
(All of them are residing in Tentulpara, Naskarpara, Garia village)
Date of incident: At around 9:30pm on 8 August 2006

I am extremely disturbed to learn regarding the gross negligence of government hospitals and police inaction regarding a serious attack on the life of a woman. I have been informed that several government hospitals refused to provide emergency medical treatment to the seriously injured victim, which resulted into her untimely death. It has also been alleged that the local police apparently delayed to file a non-bailable charge against the alleged perpetrators despite the victim's relative's complaint and indirectly helped them to be bailed out by the court. It is believed that the police inaction is due to the nexus between the police and the alleged perpetrators, who are rich and influential figures in the area. 

To briefly remind the case, Mrs. Gouri Naskar had a longstanding dispute regarding a piece of land with her husband's cousin family. On August 8, 2006 above mentioned perpetrators attacked on Mrs. Gouri with bamboo and concrete rods. As a result of brutal beating the victim became seriously injured by her head.

I was informed that Mrs. Gouri was brought to different government hospitals but none of these hospitals admitted her for emergency medical treatment although she was in critical condition that needs urgent medical treatment. The concerned hospitals are; Bangur Hospital of Kolkata, Chittaranjan Medical College and Hospital, Kolkata, National Medical College and Hospital, Kolkata and S.S.K.M. Hospital, Kolkata. Finally Mrs. Gouri was succumbed to her head injury on August 14.  

Such grass negligence of government hospitals is against the directions laid in the judgment of the Supreme Court in the case of Paschim Bangal Khet Mazdoor Samity and others Vs State of Bengal. In the judgment, the Supreme Court clearly mentioned that "failure on the part of the government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his 'right to life' guaranteed under Article 21 of the Indian Constitution".      

I am also deeply concerned by deliberate police inaction into this matter. I was informed that even though the victim's sister-in-law lodged a complaint against the alleged perpetrators mentioned above on August 10 (FIR no. 260/06 dated 10/08/06 under section of 324/34 of IPC), the Sonarpura police did not take any initiatives to investigate the incident and arrest the alleged perpetrators. They did not even visit the incident place. Sections 324 is about "voluntarily causing hurt by dangerous weapons or means" and section 34 is about "acts done by several persons in furtherance of common intention". 
 
I was also informed that the Sonarpura police, in particular the Investing Officer (IO) of this case Mr. A Laskar, deliberately delayed to add a non-bailable charge (section 304 of IPC) against the perpetrators in the Charge Sheet for 46 days after the victim's death. I was informed that when the police finally added this section into the charge sheet on September 30, meanwhile, taking advantage of apparently delayed police action, the alleged perpetrators became successful to get bail from the Court of Additional Chief Judicial Magistrate (ACJM), Alipore on September 12. They are now arrogantly intimidating the victim’s family not to pursue the case against them.    

I was also informed that the Asian Human Rights Commission (AHRC), Hong Kong wrote to Mr. Paul Hunt, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health regarding this matter.

In light of the above, I strongly call for your immediate intervention into this matter. I urge you to appoint independent investigating authority to enquire the role of Investing Officer (IO) of Sonarpura Police Station for delaying the action against the perpetrators. If it is proven that the police inaction is due to the corruption, strong action must be taken those responsible. I also urge you to take proper action to arrest the alleged perpetrators and also inquire about the alleged intimidation on the victim's family by these people. I also urge you to initiate an extensive enquiry about the alleged negligence of government hospitals mentioned above which resulted into victim's death. Proper departmental and legal action must be laid against hospital staff responsible for such negligence. I also urge you to ensure that adequate compensation is given to the victim family.

I look for your urgent intervention into this case.


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PLEASE SEND YOUR LETTERS TO:

1. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

2. Dr.  Surjya Kanta Mishra
Minister
The Health & Family Welfare Department
West Bengal state government
Swastha Bhavan,
GN-29, Sector-V,
Salt Lake
Kolkata-700091
INDIA
Tel: +91 33 2357 3600
Fax: +91 33 2357 7910 or 2357 7907
E-mail: michealth@wb.gov.in or sechealth@wb.gov.in 

3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

4. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

5. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

6. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)



Document Type :
Urgent Appeal Case
Document ID :
UA-383-2006
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.