[Needs work] Death of 10 children from spurious cough syrup: SC junks J&K’s plea challenging NHRC order for compensation

The Supreme Court on Friday rejected a plea by Jammu and Kashmir administration challenging a recommendation of the National Human Rights Commission (NHRC) for kin of 10 children who died due to consumption of spurious cough syrup.

The administration had challenged the order of compensation of ₹3,00,000 each before the Jammu and Kashmir and Ladakh High Court wherein it is was dismissed. It is against this order that the administration came before the Supreme Court in special leave petition (SLP).

The bench comprising Justices M.R. Shah and Justice M.M. Sundaresh took a fact into consideration that ultimately the State will be liable to pay the compensation, when the Officers of the Drug and Food Control Department were specifically found negligent.

In the impugned order, the division bench of the J&K High Court had refused to exercise its extra ordinary jurisdiction to interfere with the NHRC order. The commission had held the State of Jammu and Kashmir vicariously liable for the lapses on part of the department and proceeded to recommend for the payment of compensation of ₹3,00,000/- each to the next of kins of all the deceased. “A welfare State cannot escape from the responsibility to compensate the irreparable loss so caused to the families of the victims due to lapses of the Department”, the bench said.

In the pertinent matter it was revealed that in December 2019 and January 2020, about 10 children died in Udhampur, Jammu and Kashmir due to consumption of a spurious cough syrup. Pursuant to which through media reports, a social activist approached NHRC seeking appropriate action against the officials of the Drug and Food Control Department, who were alleged to be responsible. Further sought adequate compensation for the bereaved families.

Upon investigation of leftovers and partially consumed cough syrups, the test reports of the Chief Scientist, CSIR IIIM found presence of Parabens, Heavy Metal and Diethylene Glycol which could have been the cause of the death.

In the submissions AAG, H. A. Siddiqui had contended before the High Court that the manufacture of the cough syrup alone should be held responsible to compensate the next of kins of the victims, and that the State cannot be held vicariously liable to pay the compensation. Furthermore that since an FIR and complaint has already been lodged against the manufacture of the cough syrup and the matter is sub-judice, the Commission ought not to have taken cognizance of the matter in view of Regulation 8(1)(b) of the National Human Rights Commission (Procedure) Regulations, 1994. The bench called this argument as “a feeble attempt to contend”.

However, the division bench of Chief Justice Pankaj Mitthal and Justice Sindhu Sharma of the J&K High Court (Jammu Wing) was of the opinion, “We are not at all impressed by the aforesaid argument inasmuch as the lapse on part of the Drugs and Food Control Department of the State is not denied rather accepted. If the said department had acted vigilantly, the sale of the spurious cough syrup which was the cause of the death could have been avoided. In view of this, the State is rightly held vicariously

liable for the omissions of the department in allowing the sale of spurious/contaminated cough syrup so as to compensate the families of the victims”.

Case Title: UNION TERRITORY OF JAMMU AND KASHMIR & ORS. Vs NATIONAL HUMAN RIGHTS COMMISSION & ORS.