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The Allahabad High Court has observed that it is "high time" that the Uttar Pradesh Government "woke up to the medical needs of the citizenry of the State", while directing an inquiry into the circumstances leading to the death of a newborn child who died within 24 hours of birth after being taken from one hospital to another.

A Bench of Justice Rajan Roy and Justice Manjive Shukla directed the State Government to conduct an inquiry into the entire incident and submit its report within 15 days.

The Court, however, clarified that it had not, at this stage, drawn any conclusion regarding any lapse on the part of any doctor or hospital. It said that accountability would be considered if the inquiry establishes lapses or deficiencies in providing requisite care and facilities to the child.

In its 10-page order passed on September 11, the Bench said that apart from the question of why adequate medical treatment and care could not be provided to the newborn, "larger issues" had arisen for consideration.

The Court said that one such issue was how to reduce the pressure on hospitals and medical institutes in Lucknow.

The Court highlighted the urgent need to decentralize medical services and facilities by adequately providing them across different regions of Uttar Pradesh.

"Unless this is done, people will keep coming to Lucknow for treatment and there is a limit to the capacity of the Hospitals and Medical Institutes situated in Lucknow to cater to such huge demand", the bench stated.

Hence, the Bench stressed the need to equip newly opened medical colleges with the necessary infrastructure, including special and super-specialty facilities, especially ventilators, so that citizens can receive medical treatment closer to their homes and are not made to "run to far off places for treatment".

Court's observations on death of newborn

The Court noted that the newborn who died was suffering from an ailment requiring immediate attention and he was transported from Sultanpur to a referral hospital in Lucknow via an 'ordinary' ambulance. The bench said that the ambulance ought to have had the necessary facilities.

As per the Court order, the family took the child first to King George's Medical University (KGMU), then to Dr. Ram Manohar Lohia Institute of Medical Sciences (RMLIMS), and thereafter to Sanjay Gandhi Postgraduate Institute of Medical Sciences (SGPGI), all in Lucknow.

The Bench examined what happened when the child was first taken to King George's Medical University (KGMU), Lucknow.

According to KGMU doctors, the child arrived in an ambulance and the relatives went to the fourth floor, where the Neonatal Care Intensive Care Unit was situated. They were informed that no bed was available.

The doctors stated that the child's medical papers were examined and the relatives were asked to bring the child to the fourth floor, which they did not do.

The family, however, gave a different account, stating that they were told to take the child to Dr Ram Manohar Lohia Institute of Medical Sciences (RMLIMS) because there was no bed available at KGMU. They claimed that they had requested that the child at least be examined while still in the ambulance.

KGMU disputed these facts. The Court said it would consider this aspect further.

The High Court observed that irrespective of the competing versions, if there had been personnel available to guide or counsel the child's relatives, "may be the situation would have been different".

The Court recalled that when SGPGI was established, personnel with qualifications in Master of Social Work used to attend to patients, understand their problems, suggest solutions and coordinate with doctors and staff to facilitate those solutions.

The Bench questioned why such a mechanism could not be introduced in each government hospital, noting that most residents of Uttar Pradesh depend on government hospitals, particularly because of lack of financial resources to avail treatment at private hospitals.

The Bench also referred to its February 2018 judgment in Kanti (Devi) v. State of U.P. and others, where it had called for an online referral system so that patients would not have to run from one hospital to another carrying medical documents, uncertain whether they would receive treatment at the referred hospital.

The Court noted that before referring a critically ill patient, the referring hospital should first consult the referral hospital regarding the availability of required facilities and services.

This would ensure that "valuable time is not lost" in transportation and moving from one hospital to another, with the patient instead being taken "straightaway to the hospital where the bed or the facility of services are readily available".

Against this backdrop, the Court said that the State Government must wake up to the medical needs of the citizens. It also asked the state to place before it a "tangible and conclusive road map with timelines", rather than merely stating that the matter was being considered by higher authorities.

The Court also noted that it had repeatedly sought information on the percentage of the State budget allocated to medical facilities and services but had not received a response.

"Lack of finance should not impede the provisions of medical facilities to the citizens. The State should give preference to provisions of medical facilities and services to the citizens, of the highest quality over other provisions", the Court said.

Inquiry ordered

The Court directed the State Government to conduct an objective and fair inquiry into the entire incident leading to the newborn's death.

It said the inquiry would help guide future action and enable the Court to fix accountability if lapses or deficiencies in providing requisite care and facilities were established.

The Bench added that if such lapses were found, it would also consider granting compensation to the family for any negligence on the part of the State and other authorities.

The Court also directed that the family's version be recorded and considered during the inquiry. The inquiry report is to be submitted within 15 days. The matter has been listed for October 1, 2026.

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