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2004 DIGILAW 8 (PAT)

Khurshid Alam v. State Of Bihar

2004-01-05

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2004
Judgment 1. This case is a sad story where even an exercise of planning, the National Family Planning Programme has had its side effects in corruption. This is one part of the matter. The other aspect is that those who were affected, to receive the benefit of planning, all women of child bearing age had to be subjected to indignity, and disrespect to womanhood. They were coerced to pay extra statutory charges for going through tubectomy operations. Otherwise they were entitled to stipends as an encouragement to participate in the Family Planning Programme by undergoing a tubectomy operation.. 2. No other person is responsible than officials of the State government, the State doctors and the para medical staff in making a business out of a calculated corruption programme to extract money from village women who offered themselves to participate in the Family Planning Programme. The mediocre para medical services as it exists and the energy of the State doctors and the para medical staff being directed in extracting money from the women, only shows that the medical department has no respect for life or liberty. 3. The Court had earlier directed that a four member team of high ranking government officials should carry out an enquiry. The team comprised of two I.A.S. Officers. The Secretary, Medical Education and Family Welfare (Shri Afzal Amanullah, IAS), Additional Finance Commissioner (Ms. Harjot Kaur, IAS), Deputy Inspector General of Police, Vigilance (Shri Shridhar Sharma, IPS) and the Superintendent of Police (Ms. Shobha Ahotkar, IPS). 4. These officers submitted their report dated 29 October, 2003. The order, which required them to submit a report is dated 17 September, 2003. The report was virtually submitted in less than six weeks. The earlier record shows that there was a deliberate effort to wrap up the entire bundle and to shelve any inquiry. This aspect has been highlighted in the report itself. 5. There does not seem to be any sensitivity to any events like the Year of the Women or the Year of the Child and these events seem to be good for the day with lip service government function. 6. Learned A.A.G. II Mr. This aspect has been highlighted in the report itself. 5. There does not seem to be any sensitivity to any events like the Year of the Women or the Year of the Child and these events seem to be good for the day with lip service government function. 6. Learned A.A.G. II Mr. S.K.Ghose, Senior Advocate has informed the Court that in pursuance of the order of the Court passed on 24.11.2003 and 12.12.2003 the matter was brought to the notice of the Hon ble Chief Minister and that the Chief Minister has directed that an inquiry be conducted into the matter within three months. Learned Additional Advocate General No. II has been instructed to state by the Secretary, Medical Education and Family Welfare that: (a) the Government has directed that a report of the team should be formally sent to the Vigilance Bureau for. registering cases and having action taken against Doctors and Para medical staff; (b) the Health Department to suspend and Initiate departmental action, disciplinary proceeding against Doctors and staff and ensure that proceedings are concluded within three months; (c) the case of tampering of the cash book and embezzlement of the incentive money to be probed by the Vigilance Bureau and appropriate action be taken quickly; (d) explanation to be sought from the District Level and State Level Supervisory officers who were supposed to supervise and check Family Welfare Camps and an appropriate action taken subsequently; (e) formation of teams by the Department of Family Welfare to check on Family Welfare Camps held in all Districts of the State between October, 2002 to March, 2003 and these should be made as random checks and reports available within three months; and (f) instructions to all districts regarding organisation of Family Welfare Camps so that such things do not happen in future. 7. The Court is not impressed with these measures. If the government is conscious that such incidents may happen state wise then it is state wise violation of the dignity of the women. Apparently, no urgency was shown in this matter, except to have a meeting yesterday, i.e., 4 January, 2004 when the government knew that the matter is fixed before the Court today, i.e., 5 January, 2004. This is the urgency in a matter so serious as the present one. 8. Apparently, no urgency was shown in this matter, except to have a meeting yesterday, i.e., 4 January, 2004 when the government knew that the matter is fixed before the Court today, i.e., 5 January, 2004. This is the urgency in a matter so serious as the present one. 8. If what has been reported to the Court is the story of one district and one village what goes on all over Bihar is a very large format where women may be subjected to yet harsher situations and embarrassment when joining a Family Planning Programme, if it is soaked in corruption it is neither a programme nor any plan. A population explosion will be the result ultimately to affect the quality of life. 9. Subjecting women to indignity so that they lose their respect at the hands of Doctors and para medical staff is a matter, which affects Human Rights. If there is a dignity of a man, there is a dignity of a woman. 10. This Court has no hesitation in referring this matter to the National Human Rights Commission with a request that the entire matter be probed throughout Bihar. The Court is conscious of the aspect that there may be some inhibition under the National Human Rights Commission (Procedure) Regulations, 1994 that ordinarily complaints with regard to the matters, which are subjudice, are not entertainable by the Commission; Regulations 8(1) (b).This Court feels that the National Human Rights Commission may have no inhibition and regardless whether this matter is pending the probe be continued in whichever manner it may deem fit and appropriate in the circumstances of the case. In fact the machinery of this Court is ill-equipped to order a further probe. More so since the Court does not have full strength of Judges. 11. At some stage an issue will arise on what ought to be the measure compensation, which may be paid to the victims, the women who were harassed in the execution of the Family Planning Programme and para medical staff. Then, there are those who died because of negligence despite the bribes extracted. This is indignity to womanhood. The Commission at that stage may consider award of public damages, which may be granted. Then, there are those who died because of negligence despite the bribes extracted. This is indignity to womanhood. The Commission at that stage may consider award of public damages, which may be granted. This Court can do no more than recommend that concern on award of public damages has come thus far that even the Law Commission of India in its 92nd report on damages in applications for judicial review recommended legislation. Nothing can repair the indignity which was faced by the rural women by State doctors and their team. Reparation as public damages is a phenomenon which is not unknown to equity provided the State as a body politik is sensitive to such situations. 12. Thus, let the Registrar General make out photo copies of the entire record including the report submitted by the four officers and send it without any delay to the National Human Rights Commission. It is understood that the learned Advocate and the class of persons on whose behalf the cause was brought will have an audience from the Commission when the occasion so arises.