Death of a Newborn in Badaun Due to Medical Negligence and Bribery: An NHRC Case Analysis

Death of a Newborn in Badaun Due to Medical Negligence and Bribery: An NHRC Case Analysis

(Diary No. 1930/IN/2024 | Case No. 2137/24/7/2024)

By Lenin Raghuvanshi

(Human Rights Defender)

The death of a newborn child due to lack of timely medical care is not merely a medical failure—it is a grave violation of the right to life and dignity. A case from Badaun district, Uttar Pradesh, involving the death of an underweight newborn allegedly due to denial of an incubator and demand for bribe in a government hospital, exposes systemic neglect, corruption, and administrative apathy in public healthcare.

This blog analyses the case as examined by the National Human Rights Commission (NHRC) and highlights serious accountability gaps despite clear findings and directions.

Case Identification

• NHRC Diary No.: 1930/IN/2024

• NHRC Case/File No.: 2137/24/7/2024

• Victim: Newborn male child

• Incident Date: 17 January 2024

• Incident Place: Badaun district, Uttar Pradesh

• Incident Category: Lack of Proper Medical Facilities in the State

• Complainant: Lenin Raghuvanshi

• Mode of Complaint: HRCNet (Online)

• Registration Date: 13 February 2024

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Incident as Reported in Media

The complaint was based on a news report published in Amar Ujala, which revealed that:

• A newborn underweight baby was admitted to a government hospital in Badaun

• The baby was not provided an incubator in the SNCU (Special Newborn Care Unit) for about 12 hours

• The family was allegedly asked to pay a bribe of ₹5,000 before the baby was admitted to the SNCU

• Due to delay and negligence by hospital staff, the newborn died

The report raised alarming questions about:

• Emergency neonatal care

• Corruption in public hospitals

• Violation of established medical protocols

NHRC’s Intervention

Taking cognizance of the complaint, the NHRC examined the matter in light of:

• Referral Guidelines for Health Facilities in Uttar Pradesh

• Technical Specifications of Medical Devices for SNCU (2015) issued by the Ministry of Health & Family Welfare, Government of India

• UNICEF Toolkit for Setting up SNCUs

The Commission found the allegations serious enough to warrant strict action.

Show Cause Notice and Findings

On 02 July 2024, the NHRC issued a Show Cause Notice to the Government of Uttar Pradesh, seeking an explanation for the lapse.

Despite the gravity of the matter:

• No response was received from the Department of Medical Health and Family Welfare, even after more than four months

• The Commission observed that the department appeared to have nothing to urge in its defence

NHRC’s Direction on Compensation

Vide proceedings dated 20 November 2024, the NHRC:

• Confirmed the Show Cause Notice

• Held the Government of Uttar Pradesh accountable

• Directed the Chief Secretary, Uttar Pradesh, to:

  • Release compensation of ₹2,00,000 (Rupees Two Lakhs only) to the Next of Kin (NoK) of the deceased newborn

  • Submit a compliance report with proof of payment within six weeks

This order acknowledged that the death occurred due to delay and negligence in providing essential neonatal care.

Continued Non-Compliance by the State

Despite clear directions:

• No compliance report or proof of payment was submitted to the NHRC

• On 12 June 2025, the Commission issued a final reminder to:

  • The Chief Secretary, Government of Uttar Pradesh

  • The Principal Secretary, Medical Health & Family Welfare

The Commission directed that compliance be submitted within four weeks, positively.

This prolonged non-compliance reflects administrative indifference even after confirmation of human rights violation.

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Human Rights Analysis

Violation of Article 21

The right to life under Article 21 of the Constitution of India includes:

• Right to timely medical treatment

• Right to dignified healthcare

• Right of newborns to special protection

Denial of an incubator for 12 critical hours constitutes a direct violation of this right.

Corruption as a Human Rights Violation

Demanding a bribe for life-saving treatment:

• Criminalizes poverty

• Discriminates against the most vulnerable

• Converts public healthcare into a privilege rather than a right

Failure of State Accountability

The refusal or failure to respond to NHRC notices and directions:

• Undermines constitutional institutions

• Signals impunity in public health governance

• Denies closure and justice to grieving families

Conclusion

This case demonstrates that:

• Medical negligence can be fatal, especially for newborns

• Corruption in healthcare is not an isolated aberration but a structural problem

• Even after NHRC findings, justice can be stalled by executive inaction

Compensation cannot bring back a life—but non-payment of even ordered compensation deepens injustice.

Final Reflection

A newborn’s life should never depend on a bribe.

Silence and delay by the state after such a death is itself a form of violence.

This case is a reminder that human rights begin at birth, and the right to health is meaningless unless backed by accountability, transparency, and compassion.