Gujarat High Court Intervenes in Human Rights Commission Compensation Order
The Gujarat High Court has issued a stay on an order from the Gujarat State Human Rights Commission (SHRC) that mandated compensation from two doctors in a case of alleged medical negligence leading to infant mortality. Justice Aniruddha Mayee issued notices to the commission and requested its response, scheduling further hearings for March 30.
Legal Challenge to SHRC Jurisdiction
Advocate Siddharth Kheskani, representing petitioner-doctor Dr. Amul Varma, argued that the SHRC's order violated Section 18 of the Protection of Human Rights Act, 1993. He contended that the commission possesses only recommendatory powers and overstepped its jurisdiction by issuing a punitive directive requiring compensation payment.
The petition emphasized: "The law does not empower the commission to issue coercive recovery directions, including salary deductions of government servants... The commission erred in fastening liability upon the petitioner without recording any findings."
Background of the Medical Negligence Case
The case originated from a high-risk pregnancy attended at a government hospital in Idar town, Sabarkantha district, in May 2024. The infant died, prompting a departmental inquiry that found doctors Gajendra Gadhvi and Amul Varma negligent for failing to refer the patient immediately to the district hospital in Himmatnagar.
The woman's husband filed multiple representations seeking action, including one to the SHRC. In November 2025, the commission ordered both doctors to pay Rs 2.5 lakh in compensation to the patient and directed the state government to recover the amount through salary deductions.
Additional Actions by the SHRC
During its proceedings, the SHRC received letters concerning the doctors' case. It ordered the state government to verify these letters, identify the senders, and take appropriate action against two Idar taluka panchayat members—Naranbhai Revabhai Patel and Baldevbhai Ashhokbhai Patel—for allegedly misleading the commission, applying undue pressure, and attempting to tarnish their political party's image.
The High Court's stay suspends the SHRC's compensation order pending further legal review, highlighting ongoing debates over the commission's authority in medical negligence disputes.
