The Chhattisgarh High Court, led by Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, expressed deep concern over the failure to ascertain the cause of death of a 10-year-old tribal girl, Anjana Kashyap, before her cremation. The court took suo moto cognizance of the case based on a news report published in The Times of India, Raipur on September 3, 2024, which highlighted the girl’s death from an unknown disease at the Kolawal Girls’ Hostel in Bastar.
Background of the Case
The case revolves around the tragic death of Anjana Kashyap, a class 5 student residing at the Kolawal Girls’ Hostel in Bakawand block, Bastar district. The incident, which occurred on September 1, 2024, came to light after a news report described how the young girl, suffering from fever, headache, and nausea, died from an unknown disease. The report also mentioned that 10 other hostel students were ailing with “seasonal diseases.”
According to the submissions by Mr. Prafull N. Bharat, Advocate General, assisted by Mr. Sangharsh Pandey, Government Advocate for the State, the girl was initially admitted to a hospital and discharged after receiving medication. However, she returned in critical condition the following day and, despite further treatment, tragically passed away. Her body was subsequently handed over to her parents, and cremation was carried out without determining the exact cause of death.
Important Issues
The court identified several legal issues, primarily focusing on the lack of medical examination to ascertain the cause of death before cremation and the State’s failure to conduct a thorough investigation:
1. Negligence in Determining Cause of Death: The court found it “disturbing” that the minor girl’s body was cremated without efforts by medical professionals to ascertain the actual cause of death, emphasizing the State’s duty to ensure accountability and transparency.
2. Health and Safety in Government-Run Hostels: The case raises concerns about health and safety standards in government-run hostels, particularly those accommodating vulnerable groups like tribal children.
3. Delay in Medical Reports and Response: The court also noted the delay in obtaining medical reports, such as the Typhoid test results for the other two ailing students, which are yet to be submitted.
Court’s Decision and Observations
The bench directed the State to produce a detailed affidavit, including the awaited Typhoid test reports of the two students still hospitalized, by September 11, 2024. The court also instructed the Chief Medical and Health Officer of Jagdalpur, District-Bastar, to provide all necessary details regarding the medical investigation conducted following the death.
The High Court criticized the State authorities for their lack of diligence and noted, “It is little bit disturbing for us to receive the said information that cremation of minor girl/deceased has been done by her parents without the Doctors making any effort to ascertain the actual cause of death.”
The court has scheduled the next hearing for September 11, 2024, demanding a comprehensive response from the State to address these lapses and ensure appropriate measures are taken to prevent such occurrences in the future.
