Guwahati, Jan 2: The Gauhati High Court has directed the Assam government to provide financial aid as well as pay a monthly stipend to a minor girl suffering from acute disseminated encephalomyelitis (ADEM), a permanent disability, after she was administered a vaccine.
The court stated that the stipend has to be paid at the rate as applicable to unskilled workers under the Minimum Wages Act, 1948 to take care of her daily needs and a monthly sum of Rs 3700 for engaging a caretaker till her life.
“It is well established that the right to life also includes a right to live with human dignity. This Court also takes note of that the Petitioner is a vegetable vendor and earns a meagre income and taking into account the requirements as per the report for the child of the Petitioner to live a life with dignity, it would not be possible to do so without the aid of the State Government,” a single judge bench of the court observed.
The court also directed that the state government to disburse an amount of Rs 1,00,000 to the bank account of the father of the said girl within a period of 30 days from the date of the judgment and thereupon ensure that within a period of six months, the monthly stipend along with the cost of the caretaker is paid.
“This court further directs the commissioner and secretary to the Government of Assam, health and family welfare department as well as the mission director, National Health Mission, to take effective steps so that the child of the petitioner is evaluated at least twice a year by a paediatrician till she attains the age of 18 and by a physician after she attains the age of 18,” the court stated.
“Further to that, the said authority shall also ensure that a neurologist of the Gauhati Medical College Hospital (GMCH) provides the necessary consultations from time to time as per the need of the child of the petitioner. The said authorities shall also ensure that medical treatment as well as the rehabilitation training which is presently being offered to the petitioner’s daughter is continued so that the petitioner’s daughter is in a position to live a reasonably dignified life,” it said.
According to the case, the child was born to the petitioner at Sipajhar Public Health Centre on November 28, 2010. When the child was one and half years old, she was administered a vaccine (DPT-Booster, Measles 2nd OPU-Booster, Vita A 2nd dose) at an anganwadi centre in a village under Khash Sonapur Sub-Divisional Health Centre.
However, upon administration of the vaccine, the health condition of the child started to deteriorate. Thereafter, she started suffering from high fever and was not able to stand on her legs.
The child was later admitted to Gauhati Medical College Hospital (GMCH) and underwent treatment for almost three months. However, the petitioner submitted that his daughter was not able to walk and sit and only lay on the bed till the date of filing the writ petition.