Explosion of oxygen cylinder at baby care New born child hospital, New Delhi, 28 May 2024

Explosion of oxygen cylinder at baby care New born child hospital, New Delhi, 28 May 2024

Introduction

This article discusses about this recent incident and how law protect the infants and punishment for infant killing under Indian penal code. It is an incident happened at baby care New born child hospital, as per FIR registered in the case reported in The Hindu newspaper on 28 may 2024. In this incident, 7 new born were killed and 5 were injured & in pursuance of its doctor on duty and owner were booked under section 304 and section 308 of the IPC and NCPCR also visited the place.

Case study of the incident

Place of incident:

Two story baby care New born child hospital east Delhi’s Vivek vihar.

Brief facts of the case:

In this incident five of the cylinder head exploded during the blaze in neonatal hospital in East Delhi's Vivek vihar in which 7 new born were killed and 5 were injured. Following the incident, the Dr. Naveen Kichi, the hospital owner, Dr. Aakash who was on duty at the time of incident, was reminded in police custody for 3 days and two were arrested and book under various section including section 304 and 308 IPC, 1860.

Reasons behind the incident:

Lack of proper safety and security of the new-borns and the fire alarms and water sprinkler.

Report of NCPCR (National commission for protection of child rights):

Emergency exits were absent, fire extinguishers were non-functional and lack of operational fire alarms and sprinklers in the hospital.

Let’s have a Study of law protecting the right of infants and sections under which they were booked under IPC

National commission for protection of child rights:

NCPCR was established in March 2007 under an act of parliament under commission for protection of child rights act 2005 the commissions mandate is to ensure that all laws, policies, programs and administrative system confirm to the version of right of child as enunciated in the constitution of India as were as the United nation convention on the rights of child.

Provision under the IPC 1860:

Section 304: Punishment for culpable homicide not amounting to murder. —Under this provision, if any act is done with the intention of causing death or to cause such injury in which there is a probability of death then such person shall be liable for imprisonment which may extend to 10 years and fine under it.

Section 308: Attempt to commit culpable homicide. - If any act is done having such intention or knowledge and under such circumstances that the act caused death, shall be punished with imprisonment which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description which may extend to seven years, or with fine, or with both.

Critical analysis of case

As per section 304 of the IPC which clearly states about the element of knowledge which likely to cause death and similarly section 308 also states that who does any act with such intention or knowledge and other circumstances that if he by act cause death guilt under section 308 of Indian Penal Code ,1860.

Also, in our case as Vivek Vihar’s residents Welfare association (RWA) president Anand Goel told that they repeatedly complaint about the threat posed by the medical facility to the MCD of Delhi, area councils, the police, but to no avail. So being in knowledge that incident likely to cause death, injury they were booked under section 304, 308 of IPC.

Present status:

Cases are currently being heard by courts in Karkardooma & Tis Hizari regarding the deficiencies under earlier surprise inspection and in the present matter for now booked and arrested under IPC.

Reference:

· The Hindu Newspaper, page 2

· Bare act of Indian Penal Code,1860

· Ncpcr.gov.in