Case Commentary: CPL Ashish Kumar Chauhan (Retd.) V. Commanding Officer & Ors.
- IJLLR Journal
- Jun 19
- 1 min read
Aadrikaa Thakur, IIM Rohtak
Introduction
The interplay between military service, medical care, and legal accountability takes center stage in the case of CPL Ashish Kumar Chauhan (Retd.) v. Commanding Officer & Ors. This case raises significant questions regarding the standards of medical care provided to military personnel and highlights the legal principles surrounding medical negligence and the duty of care. Through analyzing the circumstances that led to CPL Chauhan's health issues, the legal arguments presented, and the verdict of the Supreme Court of India, this commentary seeks to elucidate the ramifications of the ruling for military health care and the rights of service members.
Background of the Case
Overview of the Appellant
CPL Ashish Kumar Chauhan served as a radar technician in the Indian Air Force (IAF). His service involved critical operations, contributing to national security. Despite the honor associated with military service, the case reveals the vulnerability faced by personnel when it comes to healthcare, particularly in the context of blood transfusions—an essential but potentially hazardous medical procedure.
The Incident
In July 2002, while stationed at the India-Pakistan border, CPL Chauhan began experiencing significant health issues, including weakness, severe fatigue, and high-colored urine. On investigation, he was admitted to the military hospital in Samba, Jammu, where medical staff determined that a blood transfusion was necessary. The condition of his health deteriorated, warranting immediate medical intervention.
