Gorakhpur Hospital Deaths: PIL filed in Allahabad High Court

Alleging criminal negligence and apathy which led to the death of more than 65 children at the Baba Raghav Das (BRD) Medical College in Uttar Pradesh’s Gorakhpur district, the Youth Bar Association of India, a civil society organisation, has filed a PIL in the Allahabad High Court demanding a CBI probe..The petition, filed through Advocates Saksham Srivastava and Anoop Trivedi, contends that only an “intense inquiry” by an independent agency like the CBI can establish whether the acute paucity of oxygen responsible for the deaths was due to negligence or corruption ..The BRD Medical College, its former principal Dr. Rajeev Mishra, the Uttar Pradesh government and Pushpa Sales Company Pvt Ltd – the contractor tasked with providing the oxygen – are among the parties to the petition, besides the Union of India and the CBI..A total amount of Rs. 69 lacs was due to the contractor over a long period of time due to which it stopped supply of oxygen to the hospital. This act, the petition alleges, is in the violation of the provisions of the Essential Services Maintenance Act, 1981 where any supply to the hospital has been brought under the definition of “essential services” under section 2(1)(a)(x) of the Act..The petition contends that all the authorities responsible for the “massacre” are trying to pass the buck. This is because the hospital authorities are terming as a “hoax” the reason that lack of oxygen led to the deaths. Moreover, while Dr. Mishra resigned on grounds of moral responsibility for the deaths of 30 children within a span of 48 hours, UP CM Yogi Adityanath has pinned the blame on him for not making the payment on time despite the government having released the funds on August 5..The petitioner has contended that a magisterial inquiry was set up on August 12, the report of which was expected to come in 24 hours. However, no such report has come out yet. This spate of incidents was a gross violation of the deceased children’s Fundamental Rights under Articles 14 and 21 of the Constitution, the petition claims..There is also an immense need to improvise the system of providing necessary medical equipment and supply in the hospitals which are aided by the state government or by the central government, the petition submits. It cites the examples of Rajasthan and Tamil Nadu, which have formed specific Medical Services Corporations for procuring and providing medicines and equipment to state-run hospitals..Besides praying for a CBI investigation, the petition also urges the High Court to direct the government and hospital authorities to submit a report on why an incident of such tragic proportions occurred, and to adopt a model like that of Rajasthan and Tamil Nadu so that such tragedies can be averted in the future..Read the petition: