NHRC seeks report from Odihsa govt over death of a man

The National Human Rights Commission (NHRC) has sought a report from the Odisha government over the death of a 24-year-old man due to lack of facilities at a health centre in Cuttack.
The Commission took suo motu cognisance of a media report of May 15, about a man who lost his 24-year-old son due to the lack of facilities at the health centre in Athagarh town in Cuttack district on May 11.
The NHRC said the youth could not be shifted in time to a government hospital with proper facilities in Cuttack, and the man had no money to afford his treatment at a private hospital.

"The man, Bharat Nayak of village Paikarapur in Joranda GP of Athagarh, is a home guard. The news report has been brought to the notice of the Commission by its Special Rapporteur, Damodar Sarangi, who termed the incident as a gross violation of the right to life by the authorities, who possibly knew the state of the health of the young man," an NHRC statement said.
The incident raises serious concerns about the prevailing health care facilities in Odisha," the NHRC observed while issuing notice to the Secretary, Department of Health and Family Welfare, Government of Odisha seeking a report on the condition of the health services in the state and about the non-availability of the ambulance services at Athagarh health centre.

The Commission has also asked the Secretary to inform whether any effort was made by the authorities concerned to get treatment to the victims under the provisions of the Rashtriya Swasthya Bima Yojna, the Chief Minister's Relief Fund and the Odisha State Treatment Fund as well as under the schemes for the free treatment facilities for the people below under poverty line, the statement said.

According to the media report, Nayak's son Bapi was suffering from spinal disorder.
His condition deteriorated as the health centre was not equipped to treat him, so his father took him to Cuttack but returned as he could not arrange more than a lakh of rupees required for the treatment.

Even as the body of his wife, who died due to heart attack, was lying at his home, Nayak was looking for divine intervention to save his son.
He took him to a nearby temple, even as his wife's body was on a funeral pyre with the assistance of Rs 2000 from the state government.
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Emphasising the importance of NHRC, Bhandari cited a judgment by the Allahabad High Court on April 8 last year, setting aside the challenge against the recommendation of the Commission in a case.
The High Court had told the government of Uttar Pradesh that the recommendations by the NHRC cannot be set aside with impunity merely on the ground that it is a recommendatory body.

The NHRC itself has proposed to the Centre to change the nomenclature from "recommendations to directions". Justice Dattu, while chairing the first session of the meeting, told the heads of state commissions that "the Allahabad High Court observations have given a bow for our arrow."
The NHRC chief also said the national and state human rights commissions must particularly reach out to the weakest and the most vulnerable.
However, there are several factors which have "thwarted" their smooth and effective functioning and discharging their mandate efficaciously.
"Among the many hindrances that SHRCs continue to face, perhaps the most acute is the lack of adequate infrastructural, human as well as financial resources," he said.

"Even in states which have a SHRC, a lot needs to be done, including filling up of vacant positions of chairperson and members, to ensure their functional autonomy," Dattu said.
He said the NHRC had in the past sent its recommendations to chief ministers of state governments and the Prime Minister about the minimum basic structure manpower and financial needs of SHRCs, which it is following up.
"The NHRC has also proposed to the government suitable amendments to the Protection of Human Rights Act, making way for setting up of human rights commissions in Union Territories also.
"It has also taken up the issue of changes in the Act for the setting up of human rights courts and their effective functions," Dattu said.