A flicker of light at the end of the tunnel

Expressbuzz, Feb 14, 2009

BHUBANESWAR: For the 13 persons of Kalahandi, the catarct surgery two years back literally had meant end of light in their lives. A recent order by National Human Rights Commission (NHRC) may well bring a glint of hope to the sexagenarians.

After losing their eyesight in an operation that went horribly wrong, the 13 villagers would now get Rs 1 lakh each as compensation from the State Government as ordered by NHRC. Earlier, the Government had sanctioned an ex gratia of Rs 2000 each to the affected persons which the NHRC described as inappropriate.

On January 22, 2007, 14 persons underwent a cataract surgery at the district headquarters hospital in Bhawanipatna. Barring one, the rest lost their sight after the operation. Prabir Kumar Das who filed a petition before the NHRC alleged that they lost eyesight because of the negligence of the doctors and denial of post-operative care by authorities. The NHRC took cognisance of the matter and served notice to the Chief Secretary seeking a report.

In its reply, the Government stated that disciplinary proceedings had been drawn up against an errant doctor, the then additional chief district medical officer (ACDMO), Kalahandi for negligence of duty. A compensation of Rs 2,000 each was given to the affected elderly persons then. Later, the NHRC issued showcause notice to the Government asking why an appropriate compensation should not be given to the 13 persons for the loss sustained due to the faulty operation and inadequacy of post-operative care. The Government was given six weeks time to reply.

In June last year, Government was served another notice to which it sought a two-month extension for submission of reply. However, none came.

The NHRC, in its order, observed that ‘since no reply was forthcoming, it is presumed that the State of Orissa has no defence to offer.’ The rights body has directed the Government to pay a monetary relief of Rs 1 lakh each to the 13 persons. The report of the departmental inquiry against the doctor must also be sent to the Commission, it observed.