The National Human Rights Commission (NHRC) passed two orders on March 2, 2021, that the Jammu and Kashmir High Court upheld, directing the payment of Rs 3 lakh in compensation to the families of 10 infants who died after ingesting "spurious" cough syrup. On Friday, a division bench of the Supreme Court dismissed an SLP challenging that order.

A bench made up of Justices MR Shah and MM Sundresh noted that because the respective personnel of the Drug and Food Control Department were irresponsible, the State would be responsible for compensating the victims' families.

"Having gone through the impugned judgment and order passed by the High Court and considering the fact that it was specifically found that the Officers of the Drug and Food Control Department were negligent and therefore ultimately the State will be liable to pay the compensation for the death of 10 children who died because of spurious cough syrup, we see no reason to interfere with the impugned judgment and order of the High Court. The Special Leave Petition stands dismissed."

Further the Bench also showed its reluctance to entertain the matter while pulling up the officials in charge.

"Your officers are found to be negligent….Don't compel us to say things about the department. The health of citizens is in their hands but they don't perform duties at all. They can't play with the lives of citizens. It is their duty to check and verify all these things"

The Union Territory of Jammu and Kashmir filed a petition challenging the March 2 order, arguing that the NHRC had arbitrarily held them vicariously liable for the Drugs and Food Control Department's failure to maintain a regular vigil on the contents of drugs for sale.

The petition claims that when the High Court was approached with a challenge to the NHRC orders, it neglected to take into account the evidence on file and thus dismissed the petition by means of two orders.

The petitioners presented the Commission with a report that described the thorough measures they had taken to demonstrate that the State Drugs Control Department was not allowed to become complacent in carrying out its statutory obligations under the 1940 Drugs and Cosmetics Act.

However, the SLP claims that before ordering to pay Rs 3 Lakhs to the victims' relatives, the NHRC did not take into account the petitioners' findings. NHRC responded to this by stating that "It is pertinent to note that section 27 of the Drugs and Cosmetics Act, 1940 clearly makes the manufacturer responsible for sale of sub standard and spurious drug as a penal offence besides creating a liability for compensation against the manufacturer where an injury or death has been caused on account of use/consumption of the said drug."

Case Title: UT of J&K And Ors. v. NHRC And Ors.

Citation: SLP(C) No. 8345/2021