Patna High Court Condemns Illegal Nursing Homes in Bihar After Tragic Maternal Death
The Patna High Court has issued a scathing rebuke to the district authorities in Bihar for their failure to regulate illegal nursing homes, following the tragic death of a mother during childbirth at an unregistered facility. The court's remarks came during the hearing of an anticipatory bail plea filed by the owner of the nursing home, who was booked for culpable homicide not amounting to murder under the Bharatiya Nyaya Sanhita (BNS).
Court Slams 'Regular Feature' of Maternal Deaths in Bihar
Justice Rajiv Roy, presiding over the case, expressed deep concern over what he described as a "regular feature" in Bihar, where private nursing homes lure families with grand promises—"showing them the moon"—while charging exorbitant fees. The court noted that these unregistered facilities often lack basic necessities and equipment, and in many cases, do not even have a specialist or doctor present. The result, as the court poignantly observed, is that parents leave the hospital carrying not just their newborn child but also the lifeless body of the young mother on a stretcher.
The case in question involved a young pregnant woman who was taken to Maa Mundeshwari Hospital in Mohania, Kaimur district, for delivery. The nursing home, owned by the petitioner—a nurse—was operating illegally without registration. During the childbirth process, a visiting doctor successfully delivered the baby via surgery, but the mother tragically died. It was later discovered that the facility was unregistered, highlighting the grave risks posed by such establishments.
Systemic Failures and Lack of Accountability
The Patna High Court strongly criticized the district administration and the office of the civil surgeon for turning a blind eye to the proliferation of illegal nursing homes in Bihar. Justice Roy emphasized that these authorities never collect data to determine how many young women have lost their lives due to criminal negligence at unregistered facilities. The court stated that the civil surgeon-cum-chief medical officers of the districts have allowed these nursing homes to function unchecked, contributing to the ongoing crisis.
In its order dated January 28, the court underscored the dire consequences of this negligence: "A young pregnant woman visits a private nursing home anywhere in the state to deliver a child, her eyes filled with joy, then the unregistered private nursing homes make the parents bleed through their noses, showing them the moon while charging a hefty sum." The court added that the lack of basic facilities and medical expertise in these establishments leads to preventable tragedies.
Bail Granted with Conditions and Directions to State
Despite the severity of the case, the court granted anticipatory bail to the petitioner, considering that she is a nurse with no criminal antecedents and that the surgery was conducted by another doctor. However, the bail was granted subject to strict conditions: the petitioner must deposit Rs 1 lakh as a fixed deposit in the name of the infant child. This amount, earmarked for the child's education, can only be encashed after the child turns sixteen.
The court also issued specific directions to the state authorities to address the systemic issues. It held the district administration responsible for failing to conduct raids or investigate the functioning of nursing homes in the district. The court mandated that the district magistrate of Kaimur ensure the sub-divisional officer of Mohania provides a certificate to the child, guaranteeing free education and healthcare in the state. Additionally, the civil surgeon of Kaimur must provide a health insurance certificate to the child for treatment within the district.
Legal Arguments and Broader Implications
During the hearing, senior advocate Krishna Prasad Singh, representing the petitioner, argued that his client was merely a nurse and that the doctor's role had been wrongly attributed to her. He emphasized her clean record and her willingness to support the newborn's future through the financial deposit. In contrast, Assistant Public Prosecutor Jitendra Kumar Singh contended that the petitioner could not escape responsibility for running an unregistered nursing home where a death occurred.
The case has brought to light the urgent need for stricter regulation and oversight of healthcare facilities in Bihar. The Patna High Court's strong stance serves as a wake-up call to authorities to take immediate action against illegal nursing homes and prevent further loss of innocent lives. The ruling also underscores the judiciary's role in holding negligent parties accountable while ensuring justice for victims and their families.
