Uterus scam: Bihar governemnt to recover Rs 3.51 crore from doctors

PATNA: The Bihar government will recover Rs 3.51 crore from the doctors who unnecessarily operated the uterus out of 703

BPL women

to claim their health insurance money in 2012.

The 703 women were identified during official probes ordered by the Bihar Human Rights Commission (

BHRC

). The rights panel in April this year directed the state government to pay Rs 18 crore as compensation at the rate of Rs 2.5 lakh each to the victims in the age group of 20-40 years and Rs 1.5 lakh each to the others.

However, sources said, CM Nitish Kumar has approved only Rs 50,000 each to the women. He has also directed the state home department officials to recover the amount from the accused doctors.

State health department’s OSD Shankar Prasad told TOI on Thursday the rights body had been informed of the government’s decision. However, BHRC member Neelmani said the government could not unilaterally reduce the compensation amount.

“Rules say if the government is not satisfied with the BHRC order, it can ask for a review. If the BHRC does not pass a fresh order to the government’s satisfaction, the state can appeal in the high court,” Neelmani said, adding the commission could also move the high court if the government chose not to follow its order.

Unorganised workers and their families are provided cashless health insurance cover under the Rashtriya Swasthya Bima Yojana initiated by the Centre in 2008. Official sources said private medical practitioners and hospitals in different districts of Bihar were paid insurance money to the tune of Rs 1,500 to 2,000 each for 46,690 uterus removal surgeries over a period of months in 2012.

At the BHRC’s behest, the state government through its DMs probed 19,179 of these cases. The probe authorities reported that the removal of uterus of the 703 women was not medically required to treat their ailments as trivial as abdomen pain.

Rendered unfit for life to attain motherhood, the 703 women include a 20 years old, 103 in the age group of 20-30 years and 288 between 30 to 40 years old. Though the CM has approved the payments from the state exchequer for now, the compensation is likely to elude them for some more time due to the differences between the government and the BHRC over the amount.

Asked about the current status of the case, BHRC’s Neelmani said on Thursday the compensation order was passed by BHRC chairman Justice (retd) Bilal Nazki. The case has not been heard afresh after Justice (retd) Nazki quit the BHRC to head the J&K rights panel in early November.

Following the CM’s order, the state health department has written to the district civil surgeons to identify the doctors from whom the compensation amount has to be recovered.

Incidentally, FIRs were lodged against 13 doctors and 33 hospitals soon after the DMs concluded their probe into the scam. None of the accused was arrested they either secured bail or were shown in police files as “absconding” even as they continue to practise.

According to a state health official, the government has also written to the Medical Council of India (MCI) to cancel the registration of the accused doctors. A similar recommendation was made to the MCI by the BHRC in April this year. However, the MCI’s national ethics committee is yet to respond.

Committee member Dr Rajiva Ranjan admitted the issue did not come up for discussion in the committee’s meeting in Delhi on November 9. “We have many other issues as well.. We are overworked,” said Dr Ranjan, who is based in Bihar.