In a recent case on Monday underscoring the grave consequences of medical negligence within the Indian Armed Forces, the Supreme Court has summoned responses from the Indian Army and the Indian Air Force (IAF) for failing to compensate a veteran officer amount of ₹1.6 crore. The compensation was ordered by the court after the officer contracted HIV during a blood transfusion at a military hospital.

The case stems from when the veteran officer, Ashish Chauhan, who bravely served his country but faced a tragic turn of events post the 2001 Parliament attack. During Operation Parakram in 2002, he fell ill and was admitted to the 171 Military Hospital in Jammu and Kashmir's Samba. It was here that a routine blood transfusion, meant to aid his recovery, ended up infecting him with the human immunodeficiency virus (HIV).

Despite relentless efforts to seek justice, Chauhan faced bureaucratic hurdles and denial of his rightful compensation. His plea for a disability certificate was even turned down, further exacerbating his ordeal.

However, justice seemed within reach when the Supreme Court, in a scathing verdict in September 2023, held the IAF and the Army vicariously liable for the officer's plight. The court ordered a compensation package amounting to ₹1.6 crore, reflecting the magnitude of his suffering and losses.

Yet, despite the court's unequivocal directive, the wheels of justice have ground to a halt. Chauhan, alongside his legal counsel, Advocate Vanshaja Shukla, appeared before the Bench, lamenting the delayed implementation of the court's ruling. The contempt petition filed by Chauhan underscores the frustrating reality faced by many victims of negligence within the country's institutions.

Additional Solicitor General Vikramjit Banerjee, representing the Armed Forces, attempted to defer the proceedings citing a review petition. However, the Bench, led by Justices BR Gavai and Sandeep Mehta, rebuffed this plea, emphasizing the urgency of Chauhan's plight.

Justice Gavai's insistence on expeditious resolution and the court's refusal to yield to bureaucratic delays underscore a firm commitment to justice. The court's meticulous breakdown of the compensation, covering loss of earnings, mental anguish, future medical expenses, and litigation costs, highlights its thorough consideration of Chauhan's suffering.

Furthermore, the court's directive for the Armed Forces to cooperate with Chauhan's future medical treatment and bear his travel expenses demonstrates a holistic approach to addressing the consequences of their negligence.

Case: CPL Ashish Kumar Chauhan Retd v. Col Sanjay Nijhawan and ors.