Article 27 of the Constitution of Bangladesh states that ‘all citizens are equal before the law and are entitled to equal protection of the law.’ But do we obey the provisions of this basic right of the Constitution? There are some people in this country who are above law and justice. out of reach Even if they commit crimes, they walk around with puffed chests. They cannot be sued in court. Even though there is evidence of their misdeeds, they are not even investigated. Wearing a civil mask, they commit irregularities, but no one can take action against them. In recent times, the discrimination of the law regarding infanticide has been exposed before our eyes.
On the eve of Eid, six newborns died tragically in Ad-Din Hospital of the capital. The whole country was stunned by this incident. The government launched an investigation into the incident. Health Minister assured that strict action will be taken against the culprits. The health minister kept his word. The Health Directorate canceled the license of Ad-Deen Hospital located in Moghbazar of the capital in connection with the death of six newborns. This decision was informed in a letter sent to Sheikh Mohiuddin, the executive director and proprietor of the hospital last Thursday.
The letter was sent by the Director (Hospitals and Clinics) of the Directorate of Health to Sheikh Mohiuddin, the proprietor of Ad-Deen Hospital, on behalf of the Director General of the Directorate of Health. The letter also said, “You have a legal opportunity to appeal or reconsider the cancellation order to the government within 30 days of cancellation of the license.”
The subject of the letter was mentioned as ‘Decision given in view of reply to show cause of Ad-Deen Hospital, 2 Bara Moghbazar, Dhaka.’ In the letter, it is said, in view of the report of the inquiry committee formed under Section 11(1) of The Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982, in the case of the sudden death of six newborns on May 27, a show-cause notice was given on June 4 as to why the license of this hospital should not be cancelled.
Later they were asked to reply by 5 pm on June 7. In view of that directive, when Ad-Deen Hospital applied for extension of time to show cause on June 7, this deadline was extended till 5 pm on June 9. Referring to the matter, the letter to the proprietor of Ad-Deen Hospital said, ‘Since the reply and explanation given by your institution on June 9 was not satisfactory to the authorities, the license of your hospital has been canceled as per Section 11(2)(b) of The Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982.
Apart from the action taken by the health department, the police have registered a case in connection with the death of six newborns. The case is under investigation. This is not the first case of death of a patient due to negligence of hospital authorities, but never in the past has the health department been strict. After such an incident, an investigation committee was formed, there was a commotion for a few days, and then everything was covered up. Those who own private hospitals are influential. Somehow they managed everything. As a result, private hospitals have become increasingly arbitrary. They are more concerned with making profit than serving patients. Private hospitals go beyond accountability. So the government has undoubtedly shown bravery by taking action against an influential private hospital like Ad-Deen Hospital. This is not only action against Ad-Deen Hospital, but it is a warning to all those private hospitals who cheat and harass people in the name of treatment. For this the health minister can get a thank you. He was vocal and sensitive about this from the start. The government’s decision against Ad-Deen Hospital is an important precedent in establishing the rule of law and justice.
Not only the incident of Ad-Din, the current government has created several precedents in establishing the rule of law. A Dhaka court sentenced Sohail Rana and his wife Sapna Khatun, the main accused in the case of rape and murder of Ramisa Akhtar, a seven-year-old child of Pallavi, to death. In just six days, this verdict has opened a new chapter in the establishment of justice in Bangladesh. On the morning of May 19, Ramisa’s dead body was recovered in a bloody and dismembered state from a room in a flat next to their house in Pallabir’s Mirpur-11 area. Experts believe that this verdict will play a role in reducing the incidence of child killing and torture across the country.
But is the government able to establish the rule of law and justice in all cases? This question has arisen because the government is unable to take action against those responsible even when the march of child deaths in Hame is getting longer and longer. Measles child deaths crossed six hundred earlier. This kind of death of children has never happened in Bangladesh before. Everyone knows why this death. It has been reported in all media. Measles child deaths are not a health problem, it is just an example of the endless negligence of the previous interim government. At a UNICEF press conference, agency representative Rana Flowers said UNICEF had warned of a possible vaccine crisis in at least five letters written to the Ministry of Health during the interim government. They conveyed the same to government officials in 10 meetings. UNICEF believes that vaccines have not reached the country on time due to changes in the vaccine procurement process by the interim government. This proves that these children were actually killed. The killings were blamed on the interim government’s chief adviser and his health adviser.
Prime Minister Tariq Rahman, Health Minister and Prime Minister’s Information Adviser have all said in several speeches that this disaster happened due to the negligence of the previous government. But the government so far, has not constituted an impartial inquiry committee into the incident.
Many parents and conscious citizens took the initiative to file a case but their case was not accepted by the court. Recently, a public representative filed a case in this regard. Sheikh Mojibur Rahman Iqbal, Independent Member of Parliament of Kishoreganj-5 seat, appealed the case to the Chief Metropolitan Magistrate (CMM) court of Dhaka. The chief advisor of the previous interim government in the failure of treatment and death of children affected by measles. This application to file a case against 5 people including Muhammad Yunus and health advisor Nurjahan Begum was rejected.
Earlier, the High Court had issued a ruling asking why a commission of inquiry should not be set up to investigate the lapses in responsibility of those concerned in the outbreak of measles and child deaths across the country. After the preliminary hearing of a writ filed in public interest on May 19, the High Court bench consisting of Justice Raziq Al Jalil and Justice Debashish Roy Chowdhury gave the ruling.
The Cabinet Secretary, Health Secretary, Home Secretary, Public Administration Secretary and the Director General of the Department of Health were asked to respond in the rule. Lawyer Syed Mamun Mahbub heard on behalf of the writ in the court. He said that the court has ruled on the formation of an inquiry commission to find out who is responsible for the ongoing child deaths and why the state has failed to fulfill its responsibilities.
On May 17, Supreme Court lawyer M Ashraful Islam filed a writ petition in the relevant branch of the High Court. Dr. Rete Measle vaccination was given to the private sector outside of the state system until the investigation committee was formed and the investigation was completed. A ban on the emigration of Muhammad Yunus, including members of his advisory council, was sought. A legal notice was sent to the concerned on April 6. But no remedy has been found in these writs yet.
There is no response from the government regarding these complaints, disinterest in the investigation is being noticed. But why? The current government has taken all kinds of initiatives to prevent measles. The responsibility of this death does not fall on the current government. So where is the obstacle to bringing the culprits under punishment? Bangladesh will lag behind in the rule of law and justice if the deaths of more than six hundred children in measles are not properly investigated and the culprits brought to justice.
Aditi Karim: Writer and Playwright.
E-mail : auditekarim@ gmail.com
