Observing that "lives are precious," the Bombay High Court on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) and the National Medical Commission (NMC) to adopt a proactive approach to ensure that no surgeries or deliveries take place under the light of a mobile torch in any civic- or state-run hospital.
A division bench comprising Justices Revati Mohite-Dere and Prithviraj Chavan was hearing a petition filed by the husband of Shahidunnisa Shaikh, who died after undergoing a C-section delivery at the civic-run Sushma Swaraj Maternity Hospital in Mumbai's Bhandup. Her husband alleged that the C-section surgery was performed with torchlight as the hospital's electricity supply was down that day.
Legal Proceedings and Allegations
In an earlier hearing, Advocate Ganesh Gole, representing the NMC, submitted that the apex medical body had not received any formal complaint from either the petitioner or the BMC regarding the alleged misconduct by the doctors. "Since we have not come across any representation by the civic authorities to take action against the misconduct, we have not taken any action," Gole explained to the judges.
Lives are precious. Don't you have the power to take suo motu cognizance of such cases.
Justice Revati Mohite-Dere
At this, Justice Mohite-Dere suggested that the petition itself could be treated as a formal representation to the NMC. She also criticized the authorities for adopting an overly technical stance in the matter. "Mr. Gole, we cannot be hyper-technical in such matters. Lives are precious. Don’t you have the power to take suo motu cognizance of such cases?" asked Justice Mohite-Dere.
In response, Gole acknowledged that the NMC could indeed take suo motu action against doctors for misconduct. He argued, however, that the NMC had not been notified by the BMC about the incident and was only made a party to the case after the court's intervention.
Justice Mohite-Dere clarified the court’s stance, emphasizing that the NMC was added as a party because of the gravity of the situation. "One person has died, and tomorrow someone else may suffer the same fate. Just because you were not formally notified doesn't mean you should turn a blind eye to such incidents. You can learn about them through news reports. In such cases, the NMC must take a proactive role to ensure that no misconduct occurs and that such incidents are not repeated," Justice Mohite-Dere stated firmly.
Court’s Concerns and Future Action
The court expressed its concerns over the functioning of hospitals, particularly when there are no backup generators available. Justice Mohite-Dere questioned how a hospital could be permitted to conduct surgeries when essential infrastructure like power backup was lacking. "If a hospital does not have a functional generator, how can it be allowed to perform surgeries? What steps will be taken to ensure that such hospitals have the necessary systems in place?" she asked.
Government Pleader Poornima Kantharia, representing the BMC, informed the court that the concerned doctors, particularly the one who performed the delivery using mobile torchlight, were junior staff working on a temporary basis. She added that action was also being considered against the Chief Medical Officer (CMO).
We cannot be hyper-technical in such matters. The NMC must play a proactive role to prevent future incidents.
Justice Revati Mohite-Dere
However, the bench demanded further clarification about the nature of the action proposed against the hospital itself. "What measures are you taking against the hospital? How long was the generator not functional? Who is responsible for ensuring that hospitals are properly equipped?" the court inquired.
The judges also asked if there were any Standard Operating Procedures (SOPs) in place for hospitals in the state. "Is there an SOP outlining the requirements for starting a hospital? What amenities are mandated, and what actions are taken if these requirements are not met?" the bench asked.We cannot be hyper-technical in such matters. The NMC must play a proactive role to prevent future incidents.
Kantharia responded that the death occurred because the junior doctor made the decision to operate using a mobile torchlight while the hospital’s electrical engineer was working on fixing the power issue.
Responsibility of Authorities
Justice Mohite-Dere pressed the BMC to clarify its role in permitting hospitals to operate and ensuring they meet the necessary standards. "What is the role of the BMC, the authority responsible for granting hospital permissions? Do you conduct regular inspections? What measures are in place to ensure that hospitals are equipped with essential amenities? In this case, who is responsible for checking whether the generator was functional, and for how long was it out of order?"
The court ordered the BMC to present a responsible officer at the next hearing to provide answers to these pressing questions. The case was adjourned until Wednesday.
(Input from various sources)
(Rehash/Yash Kamble/MSM)
