Landmark Order by TGHRC: Compensation and Compassionate Employment in Medical Negligence Case.
(By Syed Ali Taher Abedi)
Hyderabad,8, January,2026-In a significant ruling dated January 6, 2026, the Telangana Human Rights Commission (TGHRC), headed by Hon’ble Dr. Justice Shameem Akther, declared the Government of Telangana vicariously liable for the death of Smt. M. Lalitha following a tubectomy surgery at a Government Community Health Centre in Wanaparthy District.
The complainant, who is the brother-in-law of the deceased, Smt. M. Lalitha, lodged the present complaint before this Commission on 10.07.2017, alleging that the village ASHA worker, namely Chandrakala, had taken the deceased to a Government Hospital and caused her to be admitted for undergoing a tubectomy procedure without obtaining the consent of her family members.
It is further averred that on the day following the surgery, the deceased developed abdominal swelling and began experiencing severe discomfort.
Upon noticing the said complication, the medical officer who performed the tubectomy referred the patient to the Government Hospital, Wanaparthy, from where she was subsequently referred to Osmania General Hospital, Hyderabad. Despite undergoing treatment, the deceased succumbed on 09.07.2017.
The complainant further contends that, notwithstanding complaints lodged with the Revally Police Station and representations made to the District Collector, Wanaparthy, no action was initiated against the persons responsible.
It is stated that the deceased is survived by two minor children, and the complainant has accordingly sought appropriate action from this Commission against those accountable for the death of Smt. M. Lalitha.
The judgment categorically held that… “It is needless to state that as per Section 18(e) of the Protection of Human Rights Act, 1993, the authority(s) to whom the recommendation is made, shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report including the action taken or proposed to be taken thereon, to this Commission.”
The Commission pinpointed ileal perforation during the procedure and delayed detection as the direct causes of septic peritonitis and cardio-pulmonary arrest, dismissing the government’s plea of mere physiological complications.
The ruling clarified that… “The Assistant Forensic Professor, Osmania General Hospital, Hyderabad, had furnished clarification on points 1, 2, 3 and 4 that the origin of septic peritonitis is due to ileal perforation which is possible during tubectomy operation and on point 5, it was opined that “there was delay in detecting ileal perforation thereby leading to septic peritonitis”
Deeming the prior ex-gratia payment of ₹2,00,000 grossly inadequate—particularly given the deceased’s disabled husband and two minor children—the TGHRC has directed an additional ₹8,00,000 in compensation and suitable employment for the husband to uphold the family’s dignity.
