The mother of a minor who lost his eye due to alleged negligence of a teacher has knocked the doors of the Bombay High Court.
Sherbano Khan (32) has filed a public interest litigation seeking justice not only for her seven-year-old son but also to ensure that no child suffers in future due to a teacher’s negligence.
She has alleged that medical treatment was not provided by the BMC-run school where her son studies.
Apart from seeking prosecution of the teacher, Sherbano has sought implementation of the principle of golden hour treatment to victims of mishap, as prescribed by the Supreme Court.
A division bench of Justice Ranjana Desai and Justice V.K. Tahilramani on Thursday has issued notices to the Maharashtra government and to the Brihanmumbai Municipal Corporation (BMC) asking them reply in two weeks.
Sohail, a Class 2 student at the New Sion Urdu School, badly injured his eye on January 15 while fighting with a classmate. The teacher was not present in the class at the time.
Despite the teacher being informed that Sohail’s eye was hurt badly, the teacher neither called for medical assistance nor sent Sohail to a hospital, the petitioner has alleged.
Her advocate Bhavesh Parmar argued that Sohail was allowed to go home only after two hours along with his sister (Shabnam) who studies in the same class.
Sherbano took Sohail to Sion hospital, where they were informed that the required equipment was not available and he would have to be taken to KEM hospital. The doctors informed her that Sohail would have to be operated upon within two hours or there were chances of him losing his sight. The surgery was performed only the next day at KEM hospital.
Sherbano lodged a complaint with the police and also with the municipal corporation. Since no action was taken, Sherbano moved the high court along with Parivartan Shikshan Sanstha, an NGO.
Parmar argued that this principle must be extended to state and corporation-run schools as well. “Responsibility must be cast upon a particular person such as the principal to avoid accidents and mishaps and to provide treatment by following a golden hour rule,” states the PIL.
She has sought that the corporation prosecute the teacher as due to her negligence, Sohail lost vision in his eye. She has not made the school or the teacher respondents in her PIL. She has also sought compensation from the corporation.