Court issues notice to State Human Rights Commission, questions its authority to order compensation recovery from doctors’ salaries
The Gujarat High Court has granted a temporary stay on an order issued by the Gujarat State Human Rights Commission (SHRC) that directed two government doctors to pay Rs 2.5 lakh as compensation in connection with a medical negligence case involving the death of an infant during a high-risk pregnancy.
The order was passed by a single-judge bench of Justice Aniruddha Mayee, who issued notice to the commission and sought its response after one of the doctors filed a petition challenging the SHRC’s decision. The court has scheduled the next hearing for March 30 and stayed the implementation of the commission’s order until then.
Doctors Challenge SHRC’s Authority
The petition was filed through advocate Siddharth Kheskani, who argued that the commission had exceeded its powers under the Protection of Human Rights Act, 1993.
According to the plea, the Human Rights Commission is empowered only to make recommendations, and it cannot order coercive recovery of compensation, including deductions from the salaries of government doctors.
“The law does not empower the commission to issue coercive recovery directions, including salary deductions of government servants. The commission erred in fastening liability upon the petitioner without recording any findings,” the petition stated.
Case Linked to Infant Death in High-Risk Pregnancy
The case dates back to May 2024, when a woman with a high-risk pregnancy was admitted to a government hospital in Idar town in Sabarkantha district, Gujarat. Following delivery, the newborn infant died, after which allegations of medical negligence were raised against the doctors on duty.
Two doctors who were on shift duty at the time were subjected to a departmental inquiry, which reportedly found them negligent for not referring the high-risk pregnancy case to the district hospital in Himmatnagar immediately.
SHRC Ordered Compensation in 2025
After the incident, the patient’s husband submitted several representations seeking action in the matter, including a complaint to the Gujarat State Human Rights Commission.
In November 2025, the commission directed both doctors to jointly pay Rs 2.5 lakh as compensation to the infant’s family and asked the state government to recover the amount from their salaries.
Commission Also Sought Probe Into Letters
During the proceedings, the commission reportedly received certain letters related to the case. The SHRC instructed the state government to verify the authenticity of the letters, identify the senders, and take action against two members of the Idar Taluka Panchayat.
The commission alleged that the individuals attempted to mislead the panel, create pressure on it, and tarnish the image of the Bharatiya Janata Party (BJP).
The Gujarat High Court will now examine the legality of the SHRC’s order when the matter comes up for further hearing on March 30.
