State Human Rights Commission Fines BMC ₹12 Lakh After Sweepers Perform ECG On Patients; Says Richest Civic Body Failed To Protect Citizens
Pranav B Prem
The Maharashtra State Human Rights Commission (MSHRC) has imposed a fine of ₹12 lakh on the Brihanmumbai Municipal Corporation (BMC) after finding that untrained staff such as ward boys and sweepers were performing Electrocardiograms (ECGs) on patients at the Pandit Madan Mohan Malviya Shatabdi Hospital in Govandi, Mumbai.Calling it a “clear case of violation of basic human rights”, the Commission, led by Justice (Retd.) Anant Badar (Chairman, MSHRC), said the incident reflected the “grim reality of the richest municipal corporation’s utter failure to protect citizens’ right to health and life.”
Background
The complaint was filed by activist Mrs. Pallavi Patil, alleging that for over a year, sweepers and ward boys at the civic-run Shatabdi Hospital were taking ECGs of patients as the post of ECG technician had been lying vacant since 2023. In response, the BMC claimed that only “trained employees” performed ECGs, but upon further questioning by the Commission, the medical officer admitted that no ECG technician had been appointed and that the task was being handled by ward boys.A photograph submitted by the complainant showing a sweeper taking an ECG of a patient was accepted as corroborative evidence by the Commission.
Commission’s Observations
The bench noted that the BMC—India’s wealthiest civic body with a budget running into thousands of crores—had failed in its constitutional and moral duty to provide safe, quality healthcare to citizens, particularly those from the weaker sections of society. Justice Badar observed: “Hospitals run by the BMC, which may be the richest Municipal Corporation in India, having hundreds of crores in deposits, are expected to provide safe, affordable, and high-quality healthcare. It cannot be said that this is a case involving an under-resourced corporation.”
The Commission found that around 3,344 patients had undergone ECGs performed by untrained staff over the last eight months, and possibly 5,000 patients over the entire one-year period of violation. It said the failure to employ trained ECG technicians amounted to gross negligence and a violation of Article 21 (Right to Life) of the Constitution.“By not providing trained staff and getting the work of taking ECGs done by untrained ward boys and sweepers, a clear case of violation of human rights is established,” the Commission stated.
Human Rights Violation Established
The MSHRC emphasized that an ECG test is an essential pre-operative procedure that assesses a patient’s cardiac health prior to surgery, and performing it incorrectly could endanger lives. Justice Badar underscored that taking ECGs is a medical procedure requiring technical knowledge, observing: “Even it is not the case of BMC that taking out ECG is a procedure which does not require medical expertise and can be performed by any Tom, Dick, or Harry.” He added that such practices reflect “slack supervision of healthcare facilities” and an utter disregard for human rights by BMC officials.The Commission said the case exposed the dark side of municipal healthcare, remarking that there was “no point in taking pride in the BMC’s enormous budget when basic patient safety is neglected.”
Direction & Compensation
Justice Badar held that the gross negligence persisted for at least one year, affecting an unidentifiable but large number of patients. To address the systemic failure, the Commission ordered the BMC to pay ₹12,00,000 as compensation, calculated at ₹1,00,000 per month for the 12-month period of violation. Since individual victims could not be identified, the Commission directed that the compensation be deposited with the Maharashtra State Legal Services Authority (MSLSA) within one month.
Explaining this, the Commission stated: “Payment of compensation to the MSLSA by the BMC will ensure better utilization of the amount for the benefit of weaker sections of society, especially when none of the victims could approach the Commission due to lack of legal awareness.” Further, the MSHRC directed the Municipal Commissioner of BMC to immediately recruit trained ECG technicians and ensure that qualified personnel handle all medical equipment in its hospitals.
Holding the civic body accountable, the MSHRC observed that the BMC’s inaction in filling the ECG technician post for over a year amounted to gross negligence and violation of human rights of patients.“This case shows the dark side of healthcare facilities in municipal hospitals and the utter failure of the BMC to protect the lives and rights of citizens,” the order stated. The Commission’s strong remarks serve as a reminder that public health safety is an inseparable component of human rights, and civic authorities must be diligent in maintaining medical standards.
Cause Title: Mrs. Pallavi Sachin Patil v. Municipal Corporation of Greater Mumbai (BMC)
Case No: AMB/Case No. 55/13/16/2025
Coram: Justice A M Badar (Chairperson)
