Bihar's State Human Rights Commission (SHRC) has ordered a doctor to pay compensation of Rs one lakh within a month to a man for removing his testis without his consent.
"The doctor has deprived the man's right to procreate and have children which amounts to violation of his human rights and caused mental trauma to the applicant," SHRC Chairman Justice (Rtd) S N Jha said in a recent order and asked the doctor to pay to the applicant within one month.
The applicant, a villager of Bihta area in Patna district, had said in his application to the SHRC that he had been admitted to Dr Lalit Mohan Sharma's clinic-cum-private hospital at Bihta for treatment of acute pain in scrotum on December 27, 2010.
He alleged that the doctor forced him to undergo surgery for hydrocele on the same day during which his testis was moved without his consent and he was discharged from the hospital on the same day.
The applicant said he later visited a hospital in Patna and went through long remedial treatment incurring huge expenses.
After finding him guilty in its investigation, the SHRC questioned Sharma's credentials as a doctor due to the manner in which he carried out hydrocele operation.
However, in reply to the SHRC's show cause notice, the doctor admitted removing the testis of the patient, Jha said.
He directed the Medical Council of India (MCI) to look into the authenticity of Sharma's degree (MD surgery), probe his professional activities and submit an Action Taken Report (ATR) to the Commission by August 31.
The Commission also asked the principal secretary (health) to probe the functioning of his hospital at Bihta. The applicant alleged he filed a complaint at Bihta police station on February 22, 2011 but the police played down the gravity of his complaint in collusion with Sharma and on September 29, 2011 exonerated him of all charges citing 'a mistake of fact' in the complaint itself.
The applicant then filed a protest petition before a Danapur court which is pending. The authorities should also take notice of mushrooming of so called clinics, nursing homes and hospitals everywhere and exploitation of patients by unscrupulous doctors, Jha said and directed the Principal Secretary (Health) to submit an ATR in two months' time.