From females admission in NDA to liability of medical negligence: SC key cases on Sept 8

The Supreme Court on September 8 heard proceedings of a handful of noteworthy cases. From bolstering gender equality in Indian Armed Forces by induction of women/females in the National Defence Academy (NDA) to the onus of medical negligence on medical professionals during the devastating second COVID wave, the top court opined on and passed key decrees in these key matters. The apex court further held that medical professionals cannot be held liable or negligent merely because the treatment is not successful or the patient dies during surgery.

Here's a summary of observation and advancement on different matters before the Supreme Court:

• Centre informs Supreme Court of decision on allowing women to Indian Armed Forces via NDA

In a key development, the Central government informed the SC that a decision had been taken to allow the induction of women into the armed forces through the National Defence Academy. Citing pre-requisites and infrastructural changes as reasons, the Centre requested the top court to exempt the current year NDA applications from women admissions.

Praying to maintain status quo in relation to the current academic year, the Additional Solicitor General, Aishwarya Bhati, said, "There is good news. A decision has been taken at the highest level of forces and government that girls will be inducted for Permanent Commission through National Defence Academy. Decision was taken late evening yesterday."

In a case seeking to allow women to take the NDA examination, Justice Sanjay Kishan Kaul asked the ASG to submit an affidavit accounting for the development in the aspect while acknowledging that such social reforms cannot happen in a day. 

"We have been periodically nudging the authorities to do it themselves. We do believe they are best suited to evolve rules. It's not a happy situation for us. Armed forces are respected forces of this country. But on gender equality they have to do more," Justice Kaul stated. 

The historic development comes to the fore after the August 18 interim order by the apex court permitting women to appear in the NDA exams on a provisional basis. The writ was filed by Kush Kalra, who contended that the exclusion of women from NDA is arbitrary, discriminatory and unconstitutional. The matter has been adjourned to September 22. 

• Supreme Court rejects plea seeking compensation for families of COVID victims, who died due to oxygen shortage

The top court refused to entertain a writ petition filed by Deepak Raj Singh, seeking compensation for families of COVID victims, who died due to a dearth of oxygen supply. The SC said that it is incorrect to presume that all deaths that happened due to SARS-CoV-2 in the second wave can be attributed to medical negligence. A Bench comprising Justice DY Chandrachud. Justice Vikram Nath and Justice Hima Kohli asked the petitioner to withdraw the petition and seek grievance redressal from competent authorities. Noting that the second wave had adversely affected the entire country, the top court negated a general presumption of medical negligence. Referring to a suo moto case initiated by the top court, the Bench stated that the National Task Force has been constituted and is doing the needful pertaining to various issues related to the COVID pandemic.

"To assume that each death due to COVID-19 took place due to negligence is too much. Courts cannot have a presumption that all COVID deaths happened due to medical negligence, which your petition does," the Bench observed. 

• Medical professionals not negligent & no medical malpractice if patient dies during surgery or treatment 

In a key observation, the top court observed that a medical professional cannot be held liable or negligent merely because the treatment is not successful or the patient dies during performance of any surgery. A Bench of Justices Hemant Gupta and AS Bopanna stated that there ought to exist material available or record or else appropriate medical evidence should be tendered. The SC said that the principle of res ipsa loquitir (principle that the mere occurrence of some types of accident is sufficient to imply negligence) does not rely on a person's perception but sturdy material evidences. The case was filed by a person whose wife was admitted to the hospital after being diagnosed with kidney stone and died after a surgery was performed on her.