Why the Supreme Court has held the Indian Air Force guilty of medical negligence

He began the struggle in 2016. Seven years later, his legal battle has ended with a victory. The Supreme Court on Tuesday directed the Indian Air Force to pay a veteran a sum of Rs 1.54 crores on account of medical negligence. The ruling is significant as it reaffirms the principles of upholding the dignity, rights, and well-being of armed forces personnel. We take a closer look at the case. The case On Tuesday, a Supreme Court bench of Justices Ravindra Bhat and Aravind Kumar held the Indian Air Force (IAF) and Indian Army liable for medical negligence and order the IAF to pay the veteran Rs 1.54 crore. The apex court in its order said: “The appellant is entitled to compensation calculated at Rs 1,54,73,000 on account of medical negligence of the respondents who are held liable for injuries suffered by him. Since individual liability cannot be assigned, the respondent organisations IAF, and the Indian Army are held vicariously liable jointly and severally. The amount shall be paid by the IAF(his employer) within six weeks. It is open to the IAF to seek reimbursement to the extent of half the amount from the Army. All arrears related to disability pension shall be disbursed within six weeks.” According to the submissions, the veteran had approached the court after he contracted HIV during blood transfusion at the 171 Military Hospital, Samba, in July 2002. He had fallen ill during Operation Parakram, which is described by many as the war that didn’t take place between India and Pakistan, and was admitted to the hospital in Samba where he was administered one unit of blood. The veteran was diagnosed with HIV in 2014 and enquiries revealed that the infection was due to the blood transfusion. Subsequently, he wasn’t granted an extension of his service and was discharged in 2016. He then sought help from the National Commission Disputes Redressal Commission (NCDRC), seeking compensation of Rs 95 crore. However, the NCDRC while hearing the matter ruled that owing to the absence of an “expert opinion”, it could not hold the military hospital or the armed forces guilty for medical negligence. Against this decision, the air veteran (appellant) approached the Supreme Court. One of the other complaints that the veteran held against the armed forces was also that they denied him a disability certificate on the ground that there was no provision for the same. Supreme Court speaks In its judgment, the Supreme Court stated that people sign up to join the services with considerable enthusiasm and a sense of patriotic duty. “This entails a conscious decision to put their lives on the line and be prepared for the ultimate sacrifice of their lives,” it said. Correspondingly, a duty is cast on “all state functionaries including echelons of power within the armed forces to ensure that the highest standards of safety which is physical, and mental well-being as well as wellness is maintained. This is the minimum required of the military airforce employer for not only ensuring the morale of forces but also showing a sense of how much such personnel matter and that their lives count which reinforces their commitment and confidence.” The apex court also pulled up the two services for the lack of empathy they displayed towards the veteran. “The fundamental principles of dignity, honour, and compassion were glaringly absent in the respondents’ behaviour.” The court opined that the forces must ensure the morale of the personnel and also show them how much they matter and their lives count. In conclusion, the Supreme Court said: “Although this court has attempted to give tangible elief at the end of the day, it realises that no amount of compensation and monetary terms can undo the harm caused by such behaviour which has shaken the foundation of the appellant’s dignity, robbed him of honour and rendered him not only desperate but cynical.” Medical negligence in India The issue of medical negligence in India is an old one. However, in March it was reported that the Union Ministry of Health and Family Welfare has taken up for consideration the healthcare sector’s long-standing demand to frame guidelines for determining medical negligence cases. Though there is no guideline at present, the matter is under consideration, the ministry had then said in response to an application filed under the RTI Act on behalf of PTI. According to the National Crimes Records Bureau, India recorded 201 such deaths in 2019, 133 in 2020 and 142 in 2021. Experts say that those who do file a complaint, have years of struggle ahead of them. Less than 10 per cent of doctors charged with the offence are proven guilty. Records show that in the history of medical negligence cases, the highest compensation of Rs 5.96 crore was awarded to Dr Kunal Saha in 2013 by the Supreme Court of India, for which he had to fight for close to 15 years. The US-based Indian-origin doctor had lost his wife to medical negligence by doctors at a Kolkata hospital during their visit to India in 1998. With inputs from agencies