Gujarat HC stays SHRC order directing doctors to pay Rs 2.5 lakh compensation in infant death case

Ahmedabad: The Gujarat High Court has stayed an order of the Gujarat State Human Rights Commission (SHRC) that directed two government doctors to pay Rs 2.5 lakh as compensation in a medical negligence case related to the death of an infant during a high-risk pregnancy.

While ordering a temporary stay on the execution of the Commission's previous order, Single Bench Justice Aniruddha Mayee issued notice to the SHRC and sought its reply after a petition was filed by one of the doctors challenging the Commission’s order. 

According to a TOI report, the court has fixed the next hearing for March 30 and stayed the implementation of the SHRC order until then.

The plea was filed by a doctor, who argued through his advocate Siddharth Kheskani that the commission had exceeded its powers under the Protection of Human Rights Act, 1993. According to the petitioner, the commission can only make recommendations and does not have the authority to order the recovery of compensation from a government doctor’s salary.

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"The law does not empower the commission to issue coercive recovery directions, including salary deductions of govt servants… The commission erred in fastening liability upon the petitioner without recording any findings," the petition read, quotes TOI. 

The history of the incident dates back to May, 2024, when a patient with a high-risk pregnancy was admitted to a government hospital in Idar town of Sabarkantha district. After the delivery, the infant died, following which medical negligence allegations were raised against the doctors. 

Two doctors who were on shift duty at the time faced a departmental inquiry. The inquiry found them negligent for not referring the high-risk pregnancy case to the district hospital in Himmatnagar immediately.

The woman’s husband made various representations seeking action in the alleged case of negligence resulting in the infant’s death, with one of the representations sent to the SHRC.

In November 2025, the commission directed both doctors to jointly pay Rs 2.5 lakh as compensation to the patient’s family. It also asked the state government to recover the amount by deducting it from the doctors’ salaries.

During the proceedings, the SHRC also received certain letters regarding the case. The commission asked the state government to verify the letters, identify their senders and take action against two Idar taluka panchayat members for allegedly misleading the commission, creating pressure on it, and attempting to tarnish the image of the Bharatiya Janata Party.

The High Court will hear the matter further on March 30.

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