RANCHI: Five minor children allegedly infected with HIV after receiving contaminated blood transfusions at Chaibasa Sadar Hospital last year have sought compensation of Rs 1 crore each along with lifelong medical care.
A petition filed on their behalf by Advocate Md. Shadab Ansari states that all the children suffer from thalassemia and belong to Scheduled Tribe and OBC families dependent on daily wage labour. The plea also seeks pucca housing and counselling support to address the social stigma associated with the illness.
Relying on Supreme Court precedent in CPL Ashish Kumar Chauhan, the petition argues that the State is vicariously liable for violation of the right to life under Article 21 due to medical negligence. “The gross medical negligence and systemic failure of the State in administering HIV-infected blood to minor Thalassemia patients constitutes a violation of their fundamental rights to life and health under Article 21 of the Constitution of India, entitling them to continued free medical treatment and just compensation under public law,” stated the petition.
The petition seeks directions to provide compensation of Rs 1 crore to each child, along with costs for mental agony, social stigma, and litigation. It also calls for the constitution of a Special Medical Board to assess the long-term needs of each child and submit a report within a stipulated timeframe.
Further, it seeks permanent pucca housing in the name of each child or their guardians and provision of counselling and social support.
The petition contends that the State’s announcement of Rs 2 lakh ex-gratia compensation and suspension of certain officials is inadequate, citing financial hardship and social ostracism faced by the families.
The Jharkhand High Court had taken suo-moto cognizance and ordered an urgent probe after a child treated at the hospital was found HIV positive. A medical team later inspected the blood bank, and four more children aged 5–7 were found HIV positive following transfusions at the same hospital.