A tragic case in Mumbai saw nine-year-old Kashish Sahni die of Rabies months after a minor dog scratch, highlighting fatal risks of delayed treatment and raising legal concerns on parental, medical, and state responsibilities.
MUMBAI: A tragic incident reported from Mumbai, where a nine-year-old girl Kashish Sahni succumbed to Rabies nearly six months after a seemingly minor dog scratch, has once again exposed the fatal consequences of neglecting timely medical intervention. The child reportedly did not receive the mandatory anti-rabies vaccination due to fear of injections an omission that ultimately proved fatal.
This case raises not only serious public health concerns but also important legal questions regarding the duties and liabilities of parents, medical professionals, and the State.
Rabies is a viral infection transmitted through the saliva of infected animals, primarily dogs, affecting the central nervous system. Once clinical symptoms appear, the disease is almost invariably fatal. However, it is entirely preventable through timely administration of post-exposure prophylaxis (PEP), including vaccination.
The World Health Organization has consistently emphasized that immediate washing of wounds and prompt vaccination can prevent nearly 100% of rabies deaths.
Indian Law and Moral Duty
Under Indian law, parents and guardians have a legal and moral duty of care toward their children. Failure to provide necessary medical treatment may, in certain circumstances, attract legal consequences:
1. Duty of Care and Negligence
Parents are expected to act in the best interests of the child. If a known life-threatening risk (such as a dog bite) is ignored, it may amount to criminal negligence under:
- Section 304A of the IPC or 106 of BNS (causing death by negligence)
- Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (cruelty to a child, including neglect)
Courts have held that failure to seek timely medical treatment in life-threatening situations can constitute neglect.
2. Consent vs. Welfare of the Child
Even if a child resists treatment due to fear (such as injections), parents are legally obligated to override such resistance in the child’s best interest. The doctrine of parens patriae places responsibility on guardians to ensure life-saving care.
Duty of Medical Professionals
Medical professionals also have defined obligations under law:
1. Duty to Inform and Advise
Doctors are bound to clearly explain the fatal risks of rabies, strongly recommend immediate vaccination and document refusal of treatment, if any. Failure to adequately warn patients or guardians may amount to medical negligence, as recognized in Jacob Mathew v. State of Punjab.
2. Standard of Care
Under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, doctors must provide proper guidance for post-exposure treatment and act in accordance with established medical protocols
If a doctor fails to insist on or communicate the urgency of anti-rabies vaccination, liability may arise.
3. Duty in Emergency Situations
In light of the Supreme Court ruling in Parmanand Katara v. Union of India, every doctor whether in private or government service has a duty to provide immediate medical assistance in emergencies.
Responsibility of State:
The State also bears responsibility under Article 21 of the Constitution of India (Right to Life), which includes access to healthcare.
Public Health Awareness: Authorities must conduct awareness campaigns about rabies prevention and educate citizens on the importance of vaccination after animal bites.
Availability of Vaccines: Failure to ensure availability of anti-rabies vaccines in public health facilities may lead to constitutional liability.
Stray Animal Management: Municipal bodies have statutory duties under local laws to control stray dog populations and prevent rabies outbreaks.
Legal Awareness and Conclusion
Every dog bite or scratch is potentially dangerous. Even minor scratches can transmit rabies. Immediate Steps like washing the wound with soap and water for at least 15 minutes and then Seeking medical attention immediately Vaccination Is Non-Negotiable. Post-exposure vaccination must be completed as prescribed. Rabies may remain dormant for months but becomes fatal once symptoms appear.
The Mumbai incident is not merely a medical tragedy but a legal and systemic failure involving gaps in awareness, compliance, and possibly duty of care. It underscores that rabies deaths are entirely preventable, and any lapse whether by parents, medical professionals, or public authorities can have irreversible consequences.
Strengthening legal awareness, enforcing medical protocols, and ensuring accountability at all levels are essential to prevent such avoidable deaths in the future.
FOR MORE LEGAL UPDATES FOLLOW US ON YOUTUBE