National Human Rights Commission
New delhi-110 001
I want to draw your attention on an incident where a young woman from Schedule Caste community named; Ms. Sarathi Mondal is the victim of medical negligence, physical torture and mental harassment by the perpetrators Ms. Ashima Mistri (staff nurse), Ms. Samejan bibi and Ms. Rabeya Bibi (both midwives) and Dr. Sujoy Modak (attending doctor), all attached with Sadikhans Dearh Rural Hospital, Block- Jalangi under district Mursidabad.
While the victim family tried to lodge a complaint to the local police station; Jalangi, on 6.10.2012 the Officer in Charge refused to register the same. The father of the victim made similar complaint to the respective Block Medical Officer (Health). Later a meeting for settlement of the issue has been organized on 8.10.2012 where local Member of Assembly, Officer in Charge of the police station and BMOH were present, in first instance the said Officer in Charge of Jalangi police station bluntly denied the happening of the incident, though the MLA told the victim family that he will take up the issue in coming seven days but no recourse measures has been taken till date. Police of Jalangi police station refused to register the complaint as a cognizable offence.
I am attaching a brief account of the incident with medical documents for your easy reference and demanding for:-
- Immediate and impartial investigation of the incident
- The written complaint made by the father of the victim should be treated as an FIR
- The attending doctor, staff nurse and midwives should be booked with proper legal provisions regarding causing grievous bodily harm and intense psychological torment
- The Officer in Charge of the Jalangi police station should be booked for delinquency in his official duty
- The victim should be duly compensated
National Convener, PACTI
Name of the victim: – Ms. Sarathi Mondal, wife of- Mr. Ratan Mondal, aged about- 22 years, residing at Village- Sabrampur, Post Office- Sabrampur, Police Station- Jalangi, District- Mursidabad.
Name of the perpetrators: -
- Doctor Sujoy Modak
- Ms. Ashima Mistri
- Ms. Samejan bibi and Ms. Rabeya Bibi
- Officer-in- Charge of Jalangi Police Station
Date and time of the incident: – On 01/10/2012 & 02/10/2012 from 8 pm to 4 am on respective dates
Place of the incident: – Sadikhans Dearh Rural Hospital
Case details: -
On 01/10/2012 the victim was on her labour and admitted to the said hospital by her father and mother in law. She was admitted by Dr. Sujoy Modak under his observation. But no bed was provided to her and in the early morning on 2.10.2012 she gave birth of a male child on the floor of the said health centre. After child birth she was provided a bed. After her admission on 1.10.2012 at 8 pm at the said hospital, while she was lamenting due to severe pain which was quite normal during the labour, Ms. Ashima Mistri (staff nurse) and her two midwives namely Ms. Samejan Bibi and Ms. Rabeya Bibi got furious and beaten her with fisticuffs and kicked her on her lower parts of the waist, at the presence of attending doctor; Dr. Sujoy Modak, he not even resisted the wrongdoers from their inhumane act. Irate Ms. Ashima Mistri yet attacked the victim with a pair of scissors after she gave birth of a child. Ms. Ashima Mistri caused severe cuts on her thighs and private parts with the scissor. Due to that she was unable to properly walk for a month. Physical bashing on her ears was caused a temporary deafness.
On 02/10/2012, she was discharged from that health centre. The victim’s father and some villagers went to Jalangi Police Station on 6.10.2012 to make a complaint against Ms. Ashima Mistri and others but the said police station refused register the complaint.
After 6 days on 8.10.2012, a meeting was arranged in the said hospital where local MLA, Officer-in- Charge (Jalangi Police Station), BDO, BMOH with Ms. Ashima Mistri, Ms. Samejan Bibi and Ms. Rabeya Bibi were present but without any appropriate recourse for the victim.
In that meeting, the Officer-in- Charge told that the entire incident was false. MLA promised to go through the entire case within 7 days and told that the perpetrators would be punished. But he did not take any necessary steps against the said culprits.
While our psychological counselor observed the mental condition of the victim on 22.1.2012, he opined that she is still under severe fear and sense of panic over (PTSD) the incident and her physical condition is also worrying. She was examined in our medical camp, supported by UNVFVT (United Nations Voluntary Fund for Victims of Torture). It is also to be noted that the victim was also treated by the on duty medical officer of Sadi Khan’s Dearh Rural Hospital on 6th October 2012 while the doctor registered that she was physically assaulted.
Ms. Sarathi Mondal
Treatment sheet of Govt. hospital
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
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