DHAKA — The Bangladesh High Court on Tuesday issued a rule asking why the family of a seven-month-old child who died after contracting measles should not receive Tk10 million in compensation, while also seeking responses over allegations of negligence in vaccine procurement, stock management and supply during the former interim government.
A High Court bench comprising Justice Razik-Al-Jalil and Justice Debashish Roy Chowdhury issued the rule after a preliminary hearing on a writ petition filed over the death of seven-month-old Safwan Islam Jahin.
The court directed six respondents, including former Chief Adviser Muhammad Yunus, to respond to the rule within four weeks.
The other respondents are the secretary of the Health Ministry, the secretary of the Health Services Division, the director general of the Directorate General of Health Services, the secretary of the Social Welfare Ministry and the deputy commissioner of Dhaka.
Lawyer Md. Jewel Azad appeared for the petitioner, assisted by lawyer Abida Asma Promi.
The court court has asked them to explain why such compensation should not be awarded.
Seven-month-old Safwan died in May
According to the case documents, Safwan Islam Jahin died from measles on May 26 at Baby Care and General Hospital in Dhaka’s Shyamoli area.
He was the son of Md. Shakil, a clerk at the Supreme Court Bar Association.
Following the child’s death, lawyer Jewel Azad filed the writ petition in the High Court on July 5 on behalf of Shakil, alleging negligence by the relevant authorities.
The petition sought an urgent interim payment of Tk500,000 for the family and Tk10 million in compensation after final disposal of the writ.
It also asked the court to order the formation of an independent investigation committee comprising public health experts to determine whether administrative negligence or failures contributed to the measles outbreak and the child’s death.
Allegations over vaccine procurement and supply
A significant part of the writ concerns the procurement, stock management and distribution of measles vaccines.
The petitioner alleged that the normal vaccine procurement process was disrupted between Aug. 8, 2024, and Feb. 17, 2026, during the tenure of the interim government.
The petition asked for an independent investigation into whether there was any negligence in maintaining vaccine stocks or ensuring adequate supply during that period.
It also sought a court order requiring the authorities to submit all records relating to vaccine procurement and stock management from January 2024 onward.
Azad said Safwan’s father believes the infection and death could have been prevented had adequate treatment and health services been ensured.
Explaining why Yunus was named as a respondent, the lawyer said the period under scrutiny for alleged failures in vaccine procurement and supply fell within Yunus’ tenure as chief adviser of the interim government.
Death came amid major measles outbreak
Safwan died as Bangladesh was facing one of its most severe measles outbreaks in decades.
According to Directorate General of Health Services data cited by Reuters on May 23, Bangladesh had recorded 62,507 suspected measles cases between March 15 and May 23.
Of those, 8,494 infections had been laboratory-confirmed.
By that point, at least 86 children had died from confirmed measles, while another 426 deaths had been reported among patients showing symptoms consistent with the disease.
Safwan died three days later, on May 26.
The World Health Organization had linked declining routine vaccination coverage in Bangladesh to the risk of a large-scale measles outbreak.
Health experts have repeatedly warned that children under five, particularly those who are unvaccinated or have not received all recommended doses, face a higher risk of severe illness and death.
In April, the government launched an emergency measles-rubella vaccination campaign with support from the World Health Organization, UNICEF and Gavi.
The first phase targeted children aged six months to five years in 18 high-risk districts, with plans to expand the campaign nationwide in phases.
Court’s previous Order
The issue of child deaths from measles had already reached the High Court before Safwan’s case.
On May 10, lawyer Barrister Humayun Kabir Pallab filed a public interest writ seeking Tk20 million in compensation for each family of 352 children who had died from measles or measles-like symptoms.
That petition also questioned the government’s role in controlling the outbreak.
On May 19, the same High Court bench heard two separate writ petitions and issued rules asking why compensation should not be provided to the families of children who died and why an investigation should not be ordered into the causes of the outbreak.
The court also sought explanations over measures needed to prevent measles and other diseases that pose a threat to child health and asked the government to provide information on steps it had taken.
Tuesday’s rule in Safwan’s case therefore comes as questions over state responsibility, vaccine availability and compensation for deaths from preventable disease are already under judicial review.
Separate from criminal complaints
The current writ petition is separate from recent attempts to initiate criminal proceedings against Yunus and other former officials over measles-related child deaths.
In July, the father of nine-month-old Sauda Nuskan sought to file a criminal case against Yunus, former health adviser Nurjahan Begum, former DGHS director general Dr. Md. Abu Jafar and former chief adviser’s press secretary Shafiqul Alam over his daughter’s death.
On July 12, Dhaka Additional Chief Metropolitan Magistrate Jashita Islam rejected the application, saying there were insufficient grounds to accept the case.
The same court had earlier rejected another application filed in June seeking criminal proceedings against Yunus and four others over child deaths from measles.
Safwan’s family’s present case is not a criminal proceeding.
The writ primarily seeks compensation, an independent investigation into alleged failures in vaccine procurement and distribution, and disclosure of relevant government records.
After receiving responses from the six respondents within four weeks, the High Court is expected to hold further hearings on the compensation claim and the other issues raised in the petition.
COMMENTS