On August 18, 2025, a tragic incident occurred at the Gauhati Medical College & Hospital (GMCH) when three newborn babies fell from an ICU bed in the pediatric and maternity ward. One baby died, and the other two were left in critical condition. This shocking incident has once again highlighted the deteriorating state of Assam’s public health sector. As is typical, the incident sparked widespread public criticism in both mainstream and social media about the government’s apathy toward public healthcare. It also brought to light the long-term decay of Assam’s public healthcare system and the thriving “medical business” across the state. In light of this, I want to raise some critical questions for public consideration.
Demanding Accountability and Examining Legal Responsibility
Should this tragedy be dismissed as a simple accident, or should we demand a full investigation to identify and punish the culprits? Ultimately, who is responsible? I want to introduce the legal concept of vicarious liability. This doctrine holds a person or organization accountable for the actions of another, especially when one party has authority over the other. It is most often applied in employment contexts, where an employer can be held liable for the negligent acts of their employees if those actions occur while they are working. Simply put, a master can be held accountable for the mistakes or crimes of their servant.
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So, who should be held responsible for the tragic infant death at GMCH? And was this a simple mistake or a more serious crime? To address the second question first, let’s look at the law. Section 106(1) of the Bharatiya Nyaya Sanhita (BNS) states:
“Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing a medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.
Explanation.— For the purposes of this sub-section, ‘registered medical practitioner’ means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.”
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If the GMCH incident falls under this provision, will the culprits be held accountable?
A Contradiction in Claims
Following the incident, GMCH Principal Achyut Baishya, who is also the Chief Superintendent of the hospital, claimed in the media that the hospital had 70–80 warmer beds for infants, and the Assam Chief Minister asserted that GMCH has an adequate supply of ward boys, doctors, nurses, and warmer beds. However, these claims appear to contradict the reality on the ground.
(a) If warmer beds were sufficient, why were three infants placed in a single bed? During a TV talk show, a doctor who previously worked at GMCH revealed that it was a common practice to place three or four babies in one warmer bed. If this is true, why was Dr. Himanta Biswa Sarma—who served as Health Minister from 2006 to 2011, from 2011 to 2014, and from 2016 to 2021—unaware of this grave situation?
(b) The World Health Organization (WHO) recommends a doctor-to-patient ratio of 1:1000, but Assam’s ratio is 1:1500. Similarly, against the WHO’s recommendation of three nurses per 1,000 patients, Assam has only about 1.7. Many of the paramedical staff, including nurses and ward boys, are paid on a contractual basis. How can we expect efficiency and dedication from employees with low salaries and no job security, many of whom have been employed for over seventeen years without a permanent position?
The “All Assam Health and Technical Welfare Association” demonstrated in February 2024 that contractual workers employed by the National Health Mission (NHM) had not been paid fairly for decades. The government prides itself on building impressive hospital structures but neglects the internal healthcare system, which suffers from a shortage of nurses, equipment, and well-paid medical personnel. Why are patients from medical colleges in Barpeta, Tezpur, or Nalbari sent to Guwahati for even minor ailments?
Who is Truly Responsible?
As citizens of Assam, we deserve answers to these questions. The suspension of a phototherapist after the GMCH incident seems like an attempt to avoid full responsibility. From a legal standpoint, can suspending a junior staff member or apologizing to grieving parents absolve anyone of this crime? Why haven’t the nurses on duty, pediatric ward inspectors, departmental heads, and the Principal/Superintendent of GMCH been brought under criminal investigation?
This brings us back to the principle of vicarious liability. On December 9, 2024, Chief Minister Himanta Biswa Sarma reorganized the cabinet, placing three ministers in charge of the Health Department. He retained the Department of Medical Education and Research, assigned Ashok Singhal the Department of Health and Family Welfare, and entrusted Prashanta Phukan with additional responsibilities. However, all medical colleges and their hospitals remain under the direct supervision of the Chief Minister. Therefore, in the case of the August 18th GMCH infant death, can the Chief Minister simply admit it was a “mistake” and consider his responsibility discharged? Or should he step down from the health portfolio and take moral responsibility?
The Path Forward: A Call for Public Trust
I’d like to end with a powerful example that highlights our collective vision for universal education and health. A few years ago, people in Assam were surprised when a senior IPS officer, who was not from the state, enrolled his child in a government primary school in Guwahati. The state’s middle class, who had long believed that government hospital wards and schools were only for the poor, was shocked to see the officer’s child eating the free mid-day meal.
The grim reality is that public health and education will continue to decline unless our ministers, MLAs, bureaucrats, doctors, engineers, teachers, and other public servants—all of whom are paid by the public treasury—start using government hospitals and sending their children to government schools. The grim reality is that as long as those in power don’t have to face the same consequences as the rest of us, accountability will remain an illusion.