The State Human Rights Commission (SHRC) has awarded Rs 5 lakh compensation to the family of a deceased man whose face was disfigured by rats in January 2024 while his body lay in Shatabdi Hospital’s panchama room awaiting post-mortem. The SHRC has directed the Brihanmumbai Municipal Corporation (BMC) to pay the compensation to Mahendra Kakare (brother of the deceased) within six weeks, with an 8% penalty interest if delayed. The incident has raised concerns over BMC’s public health management and the effectiveness of its response to previous incidents involving rat bites at the same hospital.
The tragic event occurred after the 30-year-old man’s body was left in the panchnama room instead of being transferred to the morgue, allowing rats to severely damage his face, making it unrecognizable. Following news reports of the incident, Commission presided over by Justice K.K.Tated and M.A. Sayeed, had sought an explanation from the BMC. In response, the BMC acknowledged the incident’s authenticity and stated that it had taken immediate steps to prevent further occurrences. However, the SHRC’s order noted that these measures were reactionary, only implemented after the incident had already occurred.
The SHRC’s order expressed disappointment over the municipal authorities’ approach to public health and sanitation, particularly given previous complaints and recommendations from the National Human Rights Commission (NHRC) aimed at improving healthcare quality and accessibility. Referring to past incidents of rat infestations, including a similar rat bite case at Shatabdi Hospital in 2018, the SHRC criticised the BMC’s failure to establish effective, long-term preventive measures. The incident, the SHRC stated, reflects a concerning lack of vigilance and accountability in managing hospital sanitation and safety standards.
In its ruling, the SHRC invoked Article 21 of the Indian Constitution, which upholds the right to life and dignity, and extended this principle to the rights of the deceased. Citing Supreme Court judgments on the rights of the deceased, the SHRC noted that individuals are entitled to respectful treatment and dignified handling even after death, including a proper cremation or burial.
The order copy emphasized that there was a failure to uphold these standards, which constituted a violation of Article 21 and Article 25, which protects religious rights and practices.
“This lapse reflects a glaring disregard for both legal and ethical responsibilities toward citizens,” the SHRC’s ruling stated. The commission found the BMC’s actions insufficient to prevent further harm, describing its past “preventive” measures as ineffective and noting that rat infestations have continued in Shatabdi Hospital despite prior incidents.
The SHRC also cited the Supreme Court’s observation in Parmanand Katara Vs Union of India emphasizing the role of the State as Parens Patriae—(a Latin term meaning a “parent of the country” ) responsible for its citizens. “The State acts as Parens Patriae for its citizenry, so it is the responsibility of the State to provide a dignified cremation to the deceased in sync with tradition. The right to life includes the right to a dignified existence, even after death. A person is enshrined to get dignity throughout life, and even after death, they must receive due respect.” The order referenced Oscar Wilde’s words, “Death must be so beautiful. To lie in the soft brown earth, with the grasses waving above one’s head… to forget time, to forget life, to be at peace,” stressing the importance of dignity in death.
