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Whether State Human Right Commission can investigate cases of medical negligence despite National Human Right Commission taking contrary view ?:  SC To Examine

New Delhi : The Supreme Court Bench comprising of Justice Hrishikesh Roy and Justice Sanjay Karol has agreed to consider whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view was taken by the National Human Rights Commission.

The division bench of the Supreme Court was hearing a plea filed by an IVF doctor Roya Rozati-a medical practitioner who belongs to Telangana and had been charged with criminal medical negligence for providing fertility medications and drugs to a Tuberculosis patient which proved to be fatal for her life.

The whole matter was referred to the National Human Rights Commission (NHRC) but by the order dated March 29, 2016, NHRC refused to intervene in the case, claiming that no public servant was engaged.

The State Human Rights Commission, on the other hand, issued a notice to the Doctor.

Advocate Namit Saxena, appearing for Dr. Roya argued before the court that Section 21 of the Protection of Human Rights Act states that once the NHRC or another state human rights commission rules on a complaint, no other state human rights commission can investigate it.