The High Court on Tuesday asked the government authorities to explain in four weeks why the authorities should not be directed to pay sufficient compensation to the family of each of the 343 children who died in the 2026 measles outbreak as of May 6 due to the state’s alleged gross negligence and failure to control the crisis.
The court also asked the Directorate General of Health Services to submit reports in 30 days on what steps have been taken to prevent an outbreak of measles.
The court further directed the government authorities to explain why it shouldn’t be asked to form an inquiry committee to investigate the root causes of the outbreak and identify those responsible.
The bench of Justice Razik-Al-Jalil and Justice Debasish Roy Chowdhury passed the order after hearing a public interest litigation writ petition filed by Mohammed Kawsar, coordinator of the human rights organisation ‘Law and Life Foundation Trust. He is also a Supreme Court lawyer.
Petitioner’s lawyer Khan Mohammad Shamim Aziz argued that the government authorities failed to establish dedicated measles treatment units with necessary facilities, including an intensive care unit, post-intensive care unit, and testing services at the district hospitals and upazila health complexes across the country, forcing critically ill children to travel long distances in search of treatment.
He further submitted that the interim government’s decision to halt vaccine procurement through UNICEF and to shift the responsibilities to the private sector through an open tender system without adequate transition arrangements, despite repeated warnings, amounted to gross negligence.
He argued that the outbreak was a ‘man-made hazard’ directly linked to failures in public health governance and vaccine management.
Aziz was assisted by lawyer Humaun Kabir Pallob.