Introduction:

In a significant verdict, the Gauhati High Court ruled in the case of Binoy Deka v. The State of Assam & 2 Ors., directing the State to provide financial assistance and medical aid to a minor girl suffering from Acute Disseminated Encephalomyelitis (ADEM) as a rare complication post-vaccination. The court, while acknowledging the girl’s permanent disability, emphasized her right to a dignified life and mandated the state’s support to ensure her well-being.

Arguments of Both Sides:

The petitioner, Binoy Deka, sought compensation, alleging negligence on the part of the health department for his daughter’s condition following vaccination. The respondent health authorities denied negligence, contending that appropriate treatment was provided after the adverse reaction to the vaccine.

Court’s Judgment:

The court appointed a commission to investigate potential medical negligence. The commission’s report concluded that the vaccination was appropriate and timely treatment was given. It further highlighted the girl’s 100% disability, requiring constant care, rehabilitation programs, and medical assistance for a dignified life.

Justice Devashis Baruah recognized the right to live with human dignity, especially for a minor with severe disabilities, emphasizing the State’s obligation to aid the petitioner, considering his modest income as a vegetable vendor. The court ordered a monthly stipend, aligned with minimum wages for unskilled workers, and additional funds for a caretaker, both to be disbursed to the petitioner’s bank account. It directed periodic evaluations, medical treatment, and rehabilitation, aiming for the minor’s dignified life.

The verdict also mandated orthotic device support and free physiotherapy and speech therapy sessions at a District Early Intervention Centre (DEIC) for the girl’s rehabilitation.