GMCH Negligence Not an Accident, But a Systemic Failure: LoP to Assam Rights Panel

The tragic death of a four-day-old infant at the Neonatal Intensive Care Unit (NICU) of Gauhati Medical College and Hospital (GMCH) on August 18 has snowballed into a major human rights controversy, with Opposition Leader Debabrata Saikia formally petitioning the Assam State Human Rights Commission (AHRC) for urgent intervention.

In his letter, Saikia accused the State’s premier medical institution of “gross medical negligence” and demanded the Commission take suo motu cognizance of the incident, which he said exposed “systemic collapse in Assam’s public healthcare.”

According to reports, the newborn, admitted for jaundice and infection, allegedly fell off an overcrowded phototherapy bed while unattended, becoming entangled in tubes and dying shortly after. At the time, three babies were reportedly placed on a single bed. The on-duty nurse, later arrested, was preparing milk elsewhere, leaving the infants unsupervised.

While police have booked the nurse under Section 106(1) of the Bharatiya Nyaya Sanhita (BNS 2023), the family of the deceased child has alleged scapegoating, arguing that staff shortages and systemic negligence—not just individual fault—caused the death. The parents have also claimed they faced threats and intimidation for raising complaints against the hospital and government.

Saikia’s petition underscores that GMCH’s NICU, built for 70–80 beds, often handles over 1,000 deliveries a month, with nurse-patient ratios as high as one nurse per 21–35 babies. He called the conditions “a blatant violation of fundamental rights under Article 21” and urged protection for the bereaved family, terming them “de facto whistle-blowers.”

The Opposition leader also highlighted recurring cases of negligence in Assam’s hospitals: the deaths of eight newborns in Barpeta Medical College (2017), 15 infant deaths in Jorhat Medical College (2018), and multiple allegations against private hospitals including GNRC, which was fined ₹20 lakh for negligence earlier this year.

Citing legal precedents, the petition argued that GMCH and the State government—particularly Chief Minister Himanta Biswa Sarma, who also held the health portfolio for over 15 years—bear vicarious liability for systemic failures. Saikia demanded an independent high-level inquiry, immediate interim compensation of ₹10 lakh for the family, criminal proceedings against responsible officials, and strict reforms including NICU audits and adherence to Indian Council of Medical Research staffing norms.

The petition bluntly held the State accountable, stating: “Permitting scapegoating—such as the arrest of a solitary nurse whilst disregarding broader administrative shortcomings—sustains this cycle of impunity and undermines public confidence in healthcare institutions.”

The AHRC has yet to announce whether it will admit the petition.

Meanwhile, on Tuesday, Dr. Devajit Choudhury officially assumed charge as the Superintendent of Gauhati Medical College and Hospital (GMCH). 

Dr. Choudhury, while promising gradual reforms such as more nurses, grievance redressal mechanisms, helplines, special committees, and an ongoing probe into the NICU tragedy, admitted GMCH’s shortcomings, remarking, “I cannot transform GMCH into a Taj Mahal overnight, but we will gradually implement measures to enhance cleanliness and inter-departmental efficiency.”

Also Read: “Patient Complaints Will Get Special Attention,” New GMCH Supdt Assures