Justice Lentin Commission report indicts Maharashtra public health administrationNow

that Justice Bakhtawar Lentin's task is over, the Maharashtra Government's

work has begun. The 289-page report of the Lentin Commission which was

tabled recently in the Vidhan Sabha has made a scathing indictment of public

health administration and called for major changes. The commission was

examining the death of 14 patients at Bombay's state-run J.J. Hospital in early

1986 after they were administered contaminated glycerol.

Twenty days before it was made public, the report had already claimed the

head of health minister Bhai Sawant who resigned on March 10. Lentin has

also held Sawant's predecessor, Baliram Hiray, guilty of perjury. As suggested

by the judge, seven FDA (Food and Drugs Administration) officials, including

the controversial Joint Commissioner (drugs) S.M. Dolas, have been suspended

and 11 others will face inquiries. Two doctors of the J.J. Hospital have also

been suspended. Others found guilty of interference and nepotism are former

Congress(I) ministers G.S. Sarnayak, K.M. Bapu Patil, and Pramila Tople, a

minister during the Janata Party regime.

The report was submitted to the Government on November 30 last year after
the commission, over 648 days, heard 140 witnesses, perused 2,424 files and

documents and recorded 3,732 pages of evidence. The pages, in Lentin's

words, describe the "misuse of ministerial power and authority, (and) apathy

towards human life".

As expected (INDIA TODAY, August 31,1987), the report has spared no one. At

the receiving end are the state's Health Department, the FDA, the

pharmaceuticals industry and hospitals. Lentin has been particularly critical of

the FDA which oversees the state's Rs 2,000-crore drug industry.

Also exposed were ill-equipped laboratories: faulty procedures of licensing;

granting of plum postings to favourites: violations of the drugs and Cosmetics

Act; and political failure to control the powers of officials. And with regard to

the J.J. Hospital tragedy, Lentin found that though the deaths had been

discovered, the authorities did nothing to check the use of the killer glycerol.

While the Government has accepted most of the findings in toto, some are

being considered with modifications. The onus for initiating programmes for

reorganising the FDA find creating a system of checks is on B.B. Sharma, an IAS

officer who now heads the organisation. "The Lentin report has made valuable
suggestions," he said.

Lentin
Plans are afoot to have a Rs 4-crore complex which will house new laboratories
that could double the present capacity of testing 5,000 drug samples every
year. Lentin has also recommended regular refresher courses for FDA officials,,
the hiring of more inspectors, and the immediate cancellation of licences in
cases involving the manufacture of substandard drugs.

Nevertheless, the Government has not been even-handed in meting out justice
as laid down by Lentin. In the case of Sawant, the Government has chosen an
easy way out of a sticky situation. Though Lentin had recommended his
prosecution - along with Hiray - under the Prevention of Corruption Act, the
Government has appointed a retired high court judge to inquire into their
conduct. Fumed Professor S.S. Varde, Janata Party MLA: "The basic judicial
process is over. Then why should a retired judge sit in judgement over the
verdict of a sitting high court judge?"

Sawant who Lentin called "a disaster of the first magnitude", was, according to
the judge, "guilty of corruption, misuse of power and deliberate dereliction of
duty. He is unfit to hold a ministerial post." He found Sawant guilty of giving
false evidence: arbitrarily transferring officials; favouring Dolas; permitting a
firm (Cyma Pharma) which had made substandard drugs to manufacture life-
saving drugs: and misusing power to secure rate contracts for two firms
(Samarth Pharmaceuticals and Welcome Laboratories).

But even above action against individuals, the crucial point is whether the
Government will indeed follow up serious questions about drug policy and
hospital management that the report has raised. There is reason for cynicism.
For instance, in 1973, the Surinder S. Pruthi Committee had gone into the
working of J.J. Hospital but the follow-up on its recommendations was poor.

Sawant: appalling situation

That the Bombay tragedy made up a rule rather than an exception was proved
when, in January, 11 deaths were reported from Bihar - again due to glycerol
poisoning. But if the drug purchase policy of hospitals is reviewed, small firms
are likely to suffer the most. As things stand, many hospitals buy drugs from
many small firms which can offer lower prices. But says Dr Mira Shiva of Delhi's
Voluntary Health Association of India: "It is important that drugs are obtained
from established firms - which need not mean multinationals, but those that
ensure strict quality control."

If the Government doesn't act now, it may lose its last chance of restoring
public faith in a health administration gone to seed.