Guwahati: Leader of Opposition in the Assam Legislative Assembly Debabrata Saikia has urged the Assam Human Rights Commission (AHRC) to take suo motu cognisance of the recent death of a newborn at Gauhati Medical College and Hospital (GMCH).
He called calling it a blatant case of medical negligence and a violation of fundamental human rights.
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In a letter to the AHRC chairman, Saikia said the death of the four-day-old girl on August 18 in the Neonatal Intensive Care Unit (NICU) of GMCH was prima facie attributable to overcrowding, staff shortages and failure in duty of care. He requested the Commission to order an independent inquiry, fix accountability, and provide immediate protection to the infant’s parents, who he said have been facing threats for speaking out.
The newborn, daughter of Smita Deka and Utpal Bordoloi of Noonmati, was admitted to GMCH on August 15 for jaundice and infection. On August 18, around 5:30 am, she reportedly fell from an overcrowded phototherapy bed where three infants had been placed together. She became entangled in medical tubes and died despite resuscitation efforts. Two other infants also fell; one survived with injuries. At the time, the on-duty nurse was absent, reportedly preparing milk elsewhere.
The bereaved parents filed a complaint at Bhangagarh Police Station. A nurse was arrested under Section 106(1) of the Bharatiya Nyaya Sanhita (2023), but the family contends this is scapegoating. They allege that the root causes are systemic: one nurse was tasked with caring for 21 to 35 babies, key NICU equipment remained non-functional, and the hospital had been operating beyond capacity for a long time. They also reported receiving anonymous threats, warning them to withdraw their complaints.
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Saikia argued that this case fits into a wider pattern of medical negligence in Assam’s hospitals. He cited earlier instances including the deaths of eight newborns in Barpeta Medical College in October 2017, fifteen newborn deaths in Jorhat Medical College in November 2018, the death of an infant in Moran Hospital in 2021 following polio vaccination, and recent negligence cases in private hospitals such as Midland Hospital in Silchar, Apollo Excelcare in Guwahati, and GNRC Hospital, which was fined ?20 lakh by the National Consumer Disputes Redressal Commission in May 2025.
He said the GMCH case highlights constitutional violations under Article 21, which guarantees the right to life and health. He cited Supreme Court rulings in Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996) and Parmanand Katara v. Union of India (1989), both of which held that failure to provide adequate medical care constitutes a breach of this right. He also referred to international child rights obligations, judicial precedents in Assam, and whistleblower protection provisions, arguing that the intimidation faced by the parents further violates their dignity and liberty.
The Opposition leader held both GMCH and the Health Department vicariously liable for the death. He said that Chief Minister Himanta Biswa Sarma, who has overseen the Health Ministry for over 15 years, bears direct responsibility for the systemic failures. Referring to the Supreme Court’s judgment in Jacob Mathew v. State of Punjab (2005), he said the case amounts to gross recklessness, meeting the threshold for criminal negligence.
In his letter, Saikia urged the AHRC to register a human rights case against the Health Department and the Chief Minister, constitute a high-level inquiry committee to examine systemic failures in Assam’s hospitals, recommend criminal proceedings, and direct immediate interim compensation of ?10 lakh for the bereaved family under the Assam Victim Compensation Scheme. He also sought state protection for the parents, citing threats to their safety.
Calling the newborn’s death a grim reminder of the recurring negligence in Assam’s public healthcare system, Saikia said piecemeal arrests will not solve the crisis. He urged the Commission to ensure structural reforms, including NICU audits, staffing as per ICMR norms, and mandatory reporting of lapses, to prevent such tragedies in the future.