Mumbai: The Bombay High Court has underscored the need for authorities to uphold basic human rights, particularly in cases of medical negligence. Directing the Thane Municipal Corporation (TMC) to compensate a boy who lost his leg due to negligence in 2010, the court remarked, “Unless there is appropriate accountability fixed, things can never change.”

It ordered the TMC to pay Rs 10 lakh as the balance of Rs 15 lakh compensation awarded by the Maharashtra State Human Rights Commission (MSHRC), along with 12.5% annual interest.

A bench of Justices Girish Kulkarni and Advait Sethna stated, “It is high time that the authorities become conscious of such basic human rights, especially when these rights are affected daily by those managing medical institutions. There has to be genuine consciousness of fundamental and human rights, as seen in the plight of the petitioner’s son while at the mercy of the TMC and its hospital.”

Two-and-half-years old “hale and hearty” Mohammad Shehjan Shaikh had his left leg amputated below the knee due to medical negligence at Chhatrapati Shivaji Maharaj Hospital, Kalwa, run by TMC. In 2014, his father, Mohammad Ziyauddin Shaikh, a plumber, received Rs 10 lakh as ex gratia compensation. However, dissatisfied with the amount, he approached the MSHRC, which directed TMC in 2016 to pay Rs 15 lakh with interest.

TMC argued that the Rs 10 lakh already paid should be counted as part of the compensation, claiming it complied by paying an additional Rs 5 lakh. Rejecting this, the HC clarified, “The amount of Rs 10 lakh was a voluntary ex gratia payment made before the MSHRC’s order and cannot be adjusted towards the Rs 15 lakh compensation awarded. The MSHRC was conscious of this fact when issuing its directions.”

The court criticized TMC for its delayed compliance, stating, “The TMC cannot be permitted to evade compliance with the MSHRC’s order under such belated and baseless assumptions.” It also faulted the Dean of Chhatrapati Shivaji Maharaj Hospital for an inappropriate 2021 communication to the Deputy Commissioner.

Highlighting the lifelong impact of the negligence, the bench noted, “The petitioner’s son, who was hale and hearty, has now been left with a permanent disability due to the negligence of the hospital and its doctors. Human life cannot be considered so worthless that meager compensation is deemed sufficient. Money can never compensate for the suffering endured, but justice demands adequate accountability.”

The HC emphasised the need for systemic change, stating, “When cases of human rights violations are brought before constitutional courts after intervention by expert forums like the MSHRC, there is a greater responsibility to ensure justice.” It urged authorities to become genuinely conscious of their duties and the fundamental rights of the affected.