BUNTY MAHAJAN
JAMMU, MARCH 2: The National Human Rights Commission (NHRC) has closed the case of monetary compensation to the innocent infant victims of spurious drugs in Ramnagar tehsil of Udhampur district of J&K following payment of compensation of Rs 3 lakh each to the parents of the deceased infant victims by the UT government.
The commission vide its’ proceedings dated February 28, 2022 observed that since the monetary compensation to the parents of the infant victims of spurious drugs has been paid by the J&K Government as demanded by the petitioner Sukesh C Khajuria, a social activist, the case has been closed.
Khajuria had knocked the doors of the NHRC highlighting the plight of the poor families of the deceased infants and the attitude of the drug authorities along with that of the then state government in hushing up the case without taking responsibility of the tragedy which had taken place between December 2019 and January 2020.
Twelve children had died after consuming spurious Cold Best PC cough syrup manufactured by M/s Digital Vision,KalaAmb, district Sirmour, Himachal Pradesh in Ramnagar Tehsil of Udhampur District of Jammu & Kashmir.
While taking up the matter on 07.09.2020 the Commission, after consideration of facts and circumstances of the case, found that there was a procedural lapse on the part of the Drug Department of the State of Jammu & Kashmir wherein the authority had duly failed to keep a regular vigil on the contamination and contents of medicines sold within its jurisdiction and thus held that the state is vicariously liable for said negligence.
It issued four week’s notice to the J&K Chief Secretary asking him to explain why it should not recommend payment of Rs three lakh to the next of kin of each deceased who died after taking spurious cough syrup. On 18.01.2021, it asked the Chief Secretary to pay monetary compensation of Rs. 3 lakh to NoK of each deceased in the present case and submit the compliance report along with proof of payment be made available to the Commission within six weeks, positively.
Following dillydallying by the government, the Commission on July 19, 2021 directed the Chief Secretary, UT of Jammu & Kashmir to submit proof of payment of aforesaid amount of Rs. 3 lakh to NoK of each deceased child within four weeks positively failing which it shall be constrained to invoke its power u/s 13 of the PHR Act,1993.
Pursuant to the above directions and subsequent reminders vide proceedings dated 21.09.2021 and 08.12.2021, the Under Secretary, Health & Medical Education Department, Government of Jammu & Kashmir, Civil Secretariat, Jammu has vide communication dated January 6, 2022 submitted the compliance report saying that compensation amount each has been paid to the next of kin of all the 12 deceased infants by way of digital transfer into their accounts and copy of proof of transfer of the amount has also been enclosed with the report.
In view of the compliance of the recommendations of the Commission regarding payment of compensation of Rs.3,00,000/- each to the next of kin of the deceased 12 infants by the State Government, no further intervention is called for. Hence the case is closed.
Interestingly, the J&K government did everything to stonewall the NHRC directions. The NHRC orders were challenged in the J&K High Court which rejected the government plea and upheld the NHRC orders. The J&K government even went to the Supreme Court challenging the High court order.