‘They promise moon’: Patna High Court slams Bihar’s illegal nursing homes after mother dies during childbirth

The order added that, however, the fact remains that it lacks even the basic necessities/equipment, forget the presence of a specialist/doctor, and the result is that post delivery, alongwith the child, the parents carry the lifeless body of the young lady on the stretcher while walking out of the Hospital.

Findings

• Another unfortunate case has come to this court, though in the state of Bihar, it has become a regular feature.
• A mother gives birth to a child, and post delivery, alongwith the child, the parents carry the lifeless body of the young lady on the stretcher while walking out of the Hospital.
• Meanwhile, the district administration and the office of the civil surgeon of the said district look the other way.
• The unregistered/illegal nursing homes are flourishing in Bihar.
• The civil surgeon-cum-chief medical officers of the districts have allowed said nursing homes to function.
• They never collect data on their district to know how many young women left this world due to such criminal negligence on the part of the unregistered nursing homes.
• Since the petitioner is serving as a nurse, the operation took place through another doctor, and she has no criminal antecedents.
• In that background, we are inclined to extend her the privilege of anticipatory bail, subject to the payment of Rs 1 lakh to the infant child.
• The amount shall be deposited in the form of a fixed deposit in the name of the child with all details, which will be encashed by the said child only after he attains sixteen years of age for his education.

Directions to state

• District administration failed to conduct a raid/investigate the functioning of the nursing homes in the district and see to it that there are proper facilities to function as such, and thus cannot escape responsibility for the death of the mother.
• The district magistrate, Kaimur, is duty-bound to direct the sub-divisional officer, Mohania, to hand over a certificate on behalf of the district administration to the child (through his parent) certifying that he shall be getting free education/health in the state.
• The civil surgeon, Kaimur, shall also provide the health insurance certificate to the child for his treatment in the district of Kaimur.

Background

• The petitioner, owner of the nursing home sought protection from arrest in connection with a case lodged under Section 105 (punishment for culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS) following the death of the mother during childbirth.
• According to the FIR, the victim was taken to the Maa Mundeshwari Hospital in Mohania for delivery, belonging to the petitioner.
• Later, the petitioner called another doctor for the surgery.
• While a child was successfully delivered via surgery conducted by a visiting doctor, the mother died during the process.
• It was subsequently discovered that the nursing home was unregistered.
• Appearing for the petitioner, senior advocate Krishna Prasad Singh argued that the petitioner was actually a nurse, but only to implicate, the doctor’s word has been affixed with her name.
• He further submitted that she has no criminal antecedents, and to show her bona fide and for the future of the newborn, who arrived in this world but will never see the mother, the petitioner intends to deposit Rs 1 lakh as a fixed deposit.
• Counsel for the state, Assistant Public Prosecutor, Jitendra Kumar Singh, argued that the unregistered nursing home is being run by the petitioner,r where an unfortunate death took place, and as such, she cannot escape the responsibility.