New Delhi, April 29
The Jammu Kashmir administration has finally relented over its counter against the National Human Rights Commission (NHRC) orders to pay relief to the families of 12 infants who died after consuming spurious cough syrup during December 2019 and January 2020. The Administration has paid the monetary relief of Rs 3 lakh each to the next of kin of the twelve infants. who died after consuming a cough syrup which was subsequently found to be spurious.
The incident happened in Ramnagar, Udhampur between December 2019 and January 2020. The Commission had registered the case on the basis of a complaint dated 30th April, 2020 filed by a Jammu based rights activist Sukeshwar Khajuria who pursued the case to its final culmination.
The Commission on Friday said that initially, in response to its notices, the UT administration had defended itself and maintained that there was no scope for any complacency on the part of its Drugs Control Department.
It has submitted that the manufacturing of quality drugs is primarily the responsibility of the manufacturing firm and the department had already lodged a formal complaint against it before the competent court of law.
The Commission found the administration's contention unacceptable and observed that there was no denial of the lapse in the case, though the drugs department did not want to own the responsibility.
It had further observed that the department had failed to keep a regular vigil on the contamination and contents of the medicine sold within its jurisdiction and hence the state is vicariously liable for the negligence and for the payment of the monetary relief of Rs 3 lakh each to the next of kin of the deceased children.
Thereafter, the UT administration responded that the monetary compensation shall remain subject to the outcome of Special Leave Petition (SLP) pending before the Supreme Court of India.
However, the compliance report, along with the proof of the payment of the recommended relief was submitted when the Commission reiterated its recommendation issuing a final reminder to the Chief Secretary, as well as the Additional Secretary, Department of Health and Medication, UT of Jammu and Kashmir, to submit the report failing which, it will be constrained to invoke its coercive power under Section 13 of the PHR Act, 1993 calling for the personal appearance of the authority concerned before it.
The Jammu and Kashmir High Court had earlier upheld the Commission's recommendation for payment of relief holding the UT administration vicariously responsible for the negligence when it challenged the Commission's recommendation.
