Mumbai, June 5: Holding the State accountable for failing to provide essential medical services, the Maharashtra State Human Rights Commission (MSHRC), presided over by member Sanjay Kumar, has recommended compensation of Rs 16 lakh to the family of 24-year-old Kavita Raut, who died after delivering her baby in an ambulance while being shifted for treatment in Nandurbar district.
Commission holds State liable
In its 18-page order, the Commission held that the State bears vicarious liability for lapses in its healthcare system and that the death of a citizen due to the absence of adequate medical facilities warrants compensation. It observed that the claim was based on the principle of strict liability, against which the defence of sovereign immunity is unavailable.
The Commission concluded that Kavita’s death resulted from “negligence, apathy, poor training, lack of proper infrastructure, and absence of medical officers and staff.”
It further held that failure of government hospitals to provide timely treatment amounts to a violation of the right to life guaranteed under Article 21 of the Constitution.
Case background and medical lapses
The case originated from a complaint based on a newspaper report published in March 2024. Kavita, a resident of Bardi village in Akralkuwa taluka, experienced labour pains on February 14, 2024.
After her family failed to secure an ambulance, she was taken in a public vehicle to PHC Pimpalkhuta, where medical staff found her blood pressure dangerously high and referred her to Rural Hospital Molgi.
While being transported in a 102 ambulance, the vehicle broke down about six kilometres into the journey. No medical staff accompanied her. She subsequently delivered her child inside the ambulance with only family members present.
A replacement ambulance later took her to Rural Hospital Molgi, from where she was referred to the District General Hospital in Nandurbar. Once again, no medical attendant accompanied her despite her critical condition.
Between 3.30 am and 4 am on February 15, 2024, Kavita died in the ambulance while being transported to the district hospital and was declared dead on arrival.
Inquiry findings and systemic deficiencies
The Commission noted that inquiry findings revealed delays in arranging a replacement ambulance and failures to ensure medical accompaniment during emergency transfers.
It rejected a Civil Surgeon’s report that had given a clean chit to the hospital administration, observing that the patient had repeatedly been left without medical support during life-threatening situations and was effectively left “to her fate.”
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The Commission also highlighted systemic deficiencies in Nandurbar’s healthcare network. The District Health Officer informed it that nearly 65% of Auxiliary Nurse Midwife (ANM) posts in the district remain vacant.
Despite these challenges, the Commission held that such shortcomings cannot justify denial of emergency medical care and recommended Rs 16 lakh compensation to Kavita Raut’s family.
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