Writ petition challenging NHRC recommendation regarding payment to next of kin of deceased ANM dismissed. Court directed State to pay Rs.3,00,000 ex-gratia without making the recommendation binding.
Directed State to pay Rs.3,00,000 to next of kin of deceased within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.741 of 2021 (Through Hybrid Mode)
State of Odisha and ….. Petitioners another
Mr. Y.S.P.Babu, Addl. Govt. Advocate Vs. ….. Radhakanta Tripathy Opposite Parties & another None
CORAM: JUSTICE ARINDAM SINHA
ORDER 08.11.2021
Order No. 06. 1. Mr.Babu, learned advocate, Addl. Government Advocate, appears on behalf of petitioners, who are the State. Petitioners are aggrieved by recommendation of National Human Rights Commission on order dated 6th March, 2020. It invoked power under section 18(a)(i) of Protection of Human Rights Act, 1993 to confirm the show cause notice and recommend payment of Rs.3,00,000/- to next of kin of the deceased. He submits, the deceased was an Auxiliary Nurse Midwife (ANM). She herself was aware that there was poor connectivity in the difficult area, where she was residing. Neither she nor her family members informed anybody of her condition. It appears, also no attempt to call was made. Petitioners deeply regret passing away of the deceased. However, it cannot be said that petitioners were negligent or at fault. This is the position of petitioners. Court will kindly pass orders.
// 2 //
Opposite party no.1 is advocate and rights activist while opposite party no.2 is Deputy Registrar, National Human Rights Commission, New Delhi.
RKS
Page 2 of 2
2 issues framed by the court
Whether the inquiry should continue against the finding that payment should be made by the State.
Whether the State should make an ex-gratia payment to the next of kin of the deceased.
State of Odisha
Radhakanta Tripathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
