Mumbai: The Maharashtra State Human Rights Commission (MSHRC) has directed the Nagpur Municipal Corporation (NMC) to fill all vacant posts in its Health Department within seven months, holding that the civic body’s prolonged failure to recruit medical and healthcare staff amounts to a violation of citizens’ human rights. The Commission has also directed the NMC to pay Rs 3 lakh as compensation to the District Services Legal Authority, Nagpur, within one month.
The order was passed by Justice A.M. Badar, Chairperson of the Commission, on a complaint filed by Dr. Sumir Dembla, a Mumbai-based doctor. The complaint read that the Nagpur Municipal Corporation had more than 1,000 vacancies in its Health Department, severely affecting the delivery of public healthcare services.
“Providing health care facilities is a statutory duty casted upon the Municipal Corporation as per Municipal Law. That apart the Municipal Corporation is bound by the mandate of Article 21 of the Constitution of India which provides right to life. This Right includes dignity and basic healthcare facility by the Municipal Corporation to its subjects. …. Bare perusal of that chart produced shows that there are several vacancies in important cadres such as medical officers in allopathy, medical officer in Ayurveda, medical officer in homeopathy, medical officer in panchkarma, medical officer in naturopathy, malaria officer, filaria officer, public health nurses, Chief Medical Officer, Dy. Medical Health Officer, TB Officer, gynecologist, pediatrics medical officer, physician, radiologist, ophthalmologist, surgeon so on and so forth.,”reads the date mentioned in the order copy.
“Bare perusal of the chart of vacancies in Health Department shows that the Health Department of the Nagpur Municipal Corporation is virtually rendered defunct because of innumerable vacancies thereat. The net result of such apathy in filling in the posts in Health Department of the Municipal Corporation is negligence in providing health care facilities to the residents and this is nothing but violation of basic human rights of the residents,”the commission observed.
Rejecting the NMC’s preliminary objection that the complaint was not maintainable because the complainant was not a resident of Nagpur, but a Mumbai resident , the Commission held that any person can approach it regarding violations of human rights. It observed that access to healthcare forms an integral part of the right to life under Article 21 of the Constitution and that the Protection of Human Rights Act permits complaints by any individual.
Holding that the prolonged shortage of healthcare staff had rendered the Health Department ineffective and compromised the delivery of medical services, the Commission ruled that the inaction constituted gross negligence and violated the human rights of Nagpur residents. It directed the Municipal Commissioner to ensure that all vacant posts are filled by qualified personnel within seven months.
Apart from ordering the payment of Rs 3 lakh compensation to the District Services Legal Authority, Nagpur, the Commission also instructed its Secretary’s office to monitor compliance with the directions.
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