Gujarat high court stays SHRC order to two government doctors to compensate patient for medical negligence

Ahmedabad: The Gujarat high court stayed an order passed by the Gujarat State Human Rights Commission (SHRC) ordering compensation to a patient by doctors for alleged negligence in handling a high-risk pregnancy resulting in infant mortality.Justice Aniruddha Mayee issued notice to the commission and sought its reply after a petitioner-doctor's advocate, Siddharth Kheskani, submitted that the SHRC order was passed "in contravention of Section 18 of the Protection of Human Rights Act, 1993", and that the commission had only recommendatory jurisdiction. The HC posted further hearing on March 30, and until then, it stayed the commission's order.
In this case of alleged medical negligence, an infant died in a high-risk pregnancy that was attended at a govt hospital in Idar town of Sabarkantha district in May 2024. Two doctors who were on shift duty — Dr Gajendra Gadhvi and Dr Amul Varma — faced a departmental inquiry and were found negligent in not referring the high-risk pregnancy case to the district hospital at Himmatnagar immediately. The woman's husband made various representations seeking action in the alleged case of negligence resulting in the infant's death, with one of the representations sent to the SHRC.In Nov 2025, the SHRC directed both the doctors to pay Rs 2.5 lakh compensation to the patient. It directed the state govt to recover the amount by deducting it from the doctors' salaries.Dr Varma challenged the SHRC order, contending that the commission's directions were without jurisdiction. It was only empowered to make recommendations, but it exceeded its recommendatory jurisdiction and passed a punitive order directing the doctors to pay compensation, which was impermissible under the Protection of Human Rights Act. "The law does not empower the commission to issue coercive recovery directions, including salary deductions of govt servants… The commission erred in fastening liability upon the petitioner without recording any findings," the petition read.During the proceedings before the SHRC, the commission received certain letters regarding the doctors' case. The commission ordered the state govt to verify those letters, identify the senders, and take appropriate action against two Idar taluka panchayat members — Naranbhai Revabhai Patel and Baldevbhai Ashhokbhai Patel — for misleading the SHRC, wrongly creating pressure on it, and attempting to tarnish the image of the party they belong to.