DEEKSHA DWIVEDI AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2014-12-231
HIGH COURT OF ALLAHABAD
Decided on December 12,2014

Deeksha Dwivedi And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This petition has been filed in public interest by two students of the Faculty of Law of the University of Allahabad, who are pursuing their undergraduate studies in law.
(2.) On 28 August 2014, a pregnant woman, Sangita, who was a resident of Village Amreha, Block Jasra, District Allahabad, visited the Community Health Centre, Jasra since she had begun to experience labour pains. Her grievance is that one of the staff nurses demanded an illegal gratification from her and when she was unable to pay the amount, the patient was turned away. The patient was deprived of medical care and gave birth to a child in a hut. The child died. A team of law students under the auspices of the Human Rights Law Network visited the village and conducted a research project which led to the filing of these proceedings in public interest.
(3.) When the petition came up for hearing on 10 October 2014, this Court directed the Director General, Medical Health of the State to conduct an enquiry and submit a report to the Court. An enquiry was ordered. A report has been submitted by the Director (Stores), who was appointed as Inquiry Officer. The report indicates that there is substance in the grievance which has been brought before the Court. From the report, it emerges that there was negligence on the part of the staff nurses at the Community Health Centre, consequent upon which, it has been stated, necessary disciplinary action is being initiated. The report did not find any specific material to establish a demand for illegal gratification. However, we may note that in her statement which was made by the victim to the Inquiry Officer, she has specifically stated that an amount of Rs.1,000/- was demanded from her as illegal gratification and since she was not able to pay the amount, she was turned away from the Community Health Centre.;


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