JOIN USDiscrimination in ex gratia untenable
The Karnataka High Court has rightly expressed disapproval of attempts by the state government to fix different amounts of compensation to be given to the kin of 24 patients who died at a Chamarajanagar hospital due to lack of oxygen in May. Setting humanitarian considerations aside, the government has indulged in hair-splitting in fixing the quantum of ex gratia based on the patient’s time of death. The government has taken a stand that as there was an outage of oxygen between 10.30 pm and 2.30 am on the intervening night of May 2 and 3, the families of three patients who died within this time window would be eligible for Rs 5 lakh. A compensation of Rs 4 lakh has been fixed for 10 patients who died between 2.31 am and 9.30 am, while the compensation amount for the remaining 11, who breathed their last before 10.30 pm, will be decided based on the report of the judicial commission which is probing the incident. The government has already paid an interim relief of Rs 2 lakh to each family, after a nudge from the court.
A High Court-appointed fact-finding committee headed by Justice A N Venugopal Gowda, which had said in its report that all 24 deaths were attributable to the lack of oxygen, had called for a detailed probe to unearth the acts of omission and commission of district officers so that responsibility could be fixed. Hence, the government claim that there was no shortage of oxygen before 10.30 pm needs to be viewed with scepticism. While the truth will be out once the judicial commission submits its report, there is no justification to make a distinction between those who died before and after 2.30 am, as in the words of the court, it amounts to arbitrariness.
The Allahabad High Court had recently observed that the death of patients due to lack of oxygen is a criminal act, no less than genocide by those entrusted with the task of ensuring continuous supply. The Mumbai High Court had held that such deaths amounted to a violation of the fundamental right to life. Surprisingly, though over two months have lapsed since the horrific incident in Chamarajanagar, the government is yet to initiate action against those responsible. While initiating criminal action against the accused officers, the government should ensure that all the 24 families are given the same compensation. Given how callous and unsympathetic the government is, the High Court would do well to continuously monitor the case so that the families get justice while the guilty do not go unpunished.