The gruesome manslaughter of little Nashwa in a hospital in Pakistan’s largest metropolis, Karachi, is reason enough to send alarms bells blaring throughout echelons of the state and society. Her death due to recklessness of the ‘professionals’ at Dar-ul-Sehat Hospital and the lack of legal action that pursued the case is indicative of not only the dismal conditions of the health sector, but also the bleak state of affairs of justice. Little Nashwa breathed her last on April 22nd after being left paralyzed for over two weeks when the hospital administration ‘accidentally’ administered her with a high dose of intravenous potassium chloride (KCl). The infant went into cardiac arrest and Cardio Pulmonary Resuscitation (CPR) was performed on her for a staggering 45 minutes as declared by the forensic experts report.
Initially, videos surfaced on social media showing father of the victim, Qaiser Ali, trying unsuccessfully to get an FIR registered against the perpetrators and owners of the hospital. Only when the issue was raised by mainstream media was action taken by the police and a case was officially registered U/S 302 (premeditated murder), 322 (manslaughter) 337 (Shajjah: causing hurt) and 34 (common intention) of the Pakistan Penal Code (PPC) against the owners of the hospital Amir Waliuddin Chishti and Vice President Ali Farhan who incidentally are affiliated with a major political party. 11 other administrative officials were also nominated in the FIR few of whom were arrested soon afterwards including the on-duty doctor.
The Constitution of Pakistan does not guarantee any special rights to victims or their heirs. However, Article 9 of the Constitution declares that “no person should be deprived of their life”. Baby Nashwa was mercilessly treated at the hospital that resulted in her untimely death. A placard held during protests against inaction in the case rightly labelled the hospital as ‘Dar-ul-Mout’. The label may be extended to the entire health system. The provincial Government and Sindh Health Care Association failed to curtail or regimentalise the mushrooming growth of unlicensed hospitals and health centers springing throughout the province. Moreover, the action of the Chief Minister of establishing a two-member to probe the events and submit a report was paltry. The elite capture of state institutions barricades the way of common man towards justice.
After a dramatic trial involving arrests and absconding, the latest reports declare that Nashwas’ parents have effectively reached an ‘out-of-court’ settlement with the owners of Dar-ul-Sehat Hospital. As per Nashwa’s father, the pardon has been granted for sake of Allah Almighty. Her father also announced that the settlement is made on the basis of a few conditions:
• Commencement of state-of-the art ‘Baby Nashwa’ PICU in Dar-ul-Sehat Hospital by May 31st 2019
• Annual deposit of PKR 5 million in ‘Naswha Fund’ created by the parents of the deceased for treatment of disadvantaged children.
The steps are commendable, but they come at an all too familiar a price. The weaker party is often pressurized through several means into surrendering their cause and accepting defeat against powerful vested interests. Out-of-court settlements are a common feature of Pakistan’s criminal justice system. Nashwa’s parents initially pursed punitive legal action against the perpetrators as per remedies available under the Pakistan Penal Code.
However, the insignificant progress on the legal front and lack of hope for justice created perfect circumstances for a coerced settlement. The infant whose pictures flashed across screens throughout the country a few weeks ago seems to be long forgotten. Unfortunately, due to inability of Government to bring down the axe, it may not be long enough before more reports of more Nashwas come to light.Perhaps, the value of life in today’s Pakistan is that it holds no value.