The Lone crusader- The Dr. Kunal Saha story

Myself with Kunal Saha (left) at the Kolkata Press Club

The dingy room offers a complete contrast to the man sitting in the centre. Clad in a bright orange shirt he wipes his forehead off the sweat, and continues to address the small group of reporters congregated there. Dr. Kunal Saha is very animated as he explains the intricate details of his case to the group in The Press Club of Kolkata. The motive of the press conference was to expose the rampant corruption in the West Bengal Medical Council (WBMC), in relation to the death of Mrs. Anuradha Saha, Saha’s wife, in 1998 due to an alleged medical ‘negligence’. Dr Saha has been fighting the Indian medical and judicial system since the last thirteen years to get justice for his wife. He has virtually been a lone fighter and is continuing his fight against the system relentlessly.

Now Kunal Saha is back in the news as a High Court judgement a few weeks back indicted 17 doctor members of the West Bengal Medical Council for criminal conspiracy and shielding doctors responsible for the death of Anuradha Saha. Furthermore,  last month a case has been filed against a retired High Court Judge where the Supreme Court condemned him for making defamatory statements against Kunal Saha. 

“I am not fighting for myself. It’s for Anu(Anuradha) and as well as many others like her,” says the gritty man with a simple smile, making one realize that no matter what adversities one might face, we should never give up hope.

The beginning and the love story

Born in Halisahar (a city in the North 24 Parganas district of West Bengal), in 1958, to a large family, Dr Kunal Saha graduated from NRS Medical College, Kolkata in 1985 and then went on to America for his further studies. He did his PhD from the University of Texas, is now an MD and specializes in HIV/AIDS research.

It was in 1985, that he met Anuradha, that too by sheer co-incidence, and then their story unfolded almost like a Bollywood love story. Saha, after having missed a train to Delhi, had to board another train where he met Anuradha. That meeting led to a brief courtship that blossomed into a marriage in 1987. The next backdrop of what looked like a perfect boy-meets-girl story shifted to the US as the couple moved there to complete their medical education while chasing the great ‘American Dream’. Things went perfectly well for a decade as Anuradha went on to become a child psychiatrist while Kunal kept growing in his medical career before finally getting his fellowship from Ohio in 1998. It was at this time that the couple decided to start the new phase in their life by planning a family. Packing off their stuff to Columbus they decided to visit India once; Anuradha once wanted to visit her mother to take her blessings, before starting off the new phase.

Everything seemed perfect, for the fairy-tale story.

But Saha had no inkling on what was coming and how his life was about to change forever in the next few days.

The tragedy and the fight

It was during their short visit to Kolkata that Anuradha developed a simple skin rash from an allergic reaction to a drug. For treatment she consulted Dr. Sukumar Mukherjee, who was quite well known as one of the best doctors in the city. Dr. Mukherjee advised a drug called ‘Depomedrol’ , in a manner which was truly baffling.  'Depomedrol' is a long standing drug normally used for extreme cases of asthma or arthritis, and  given at a maximum dose of 40-120 mg at 1-2 weeks interval. However, Anuradha was given that about 15 times it's normal usage. 

Her condition worsened alarmingly since then and she was eventually shifted to Breach Candy Hospital in Mumbai. A few day later, she breathed her last.

Saha with his wife Anuradha  in happier times 

“I am a doctor myself, when I was told about this I was in a daze standing outside the hospital room. I knew she was dead, but refused to believe it. When I entered the room, I saw the monitor was blank, but, maybe I was hallucinating, as I saw her sitting there and talking to me..Just telling me, that don’t give up Kunal...Don’t you ever give up...”, says Saha a little emotionally. He was distraught after the incident.  All their plans and dreams shattered in a matter of days.

It would have been normal to go into a shell, and move on to his normal life. But Kunal Saha didn't and decided to fight it out; to take on the doctors who were responsible for his wife’s death.

However, that wasn’t to be easy. Saha soon realized that there is a whole nexus that is being maintained. The fact that he filed a criminal case against Dr. Sukumar Mukherjee and two other accused Doctors (Dr. Baidyanath Halder and Abani Roychodhury), would amount to nothing. As Saha says, the High Court rejected his appeal and the doctors roamed free continuing with their jobs normally. “I could see the jigsaw unfolding before my eyes and I understood that the doctors were being backed by the West Bengal Medical Council (WBMC) who in turn were supported by the Medical Council of India (MCI). It was obvious that there was a whole network at place here, and even if one of the biggies went down the whole system would be affected, more names would spill out; thus the backing and brushing up of things under the carpet," he says.  Clearly Saha now had to fight the entire medical system in the country. However Saha was not to give up so easily.

On 30th December 2001 he went on to form People for Better Treatment (PBT), in Kolkata; an organization whose main aim is to eradicate medical negligence and promote corruption-free healthcare in India. This is what gave Dr. Saha’s fight the impetus he was so desperately seeking.  Under the PBT’s wings, with efficient people under him, Dr. Saha restarted his fight against the doctors and refiled his case in the apex court.  Thus commenced a long ranging fight, and in a historic judgment on 7th August 2009 the Supreme Court  found four doctors and Advanced Medicare Research Institute(AMRI) guilty on accounts of negligence in medical treatment which eventually led to Anuradha Saha’s death.

It was a significant step in Saha’s fight. However, strangely enough, the medical practicing right of the doctors was not snatched and neither were they jailed or sentenced.  This soured Saha's small success somewhat. As he dug deeper, more names kept tumbling out and the fight continues to date.

The cause, the solution and the hope

“I am part of the problem too. I was selfish. Until it happened to me it didn’t bother me," says the man with grim honesty.  But nevertheless he feels that more than the solidarity shown to him by some of the doctors, he would rather prefer them to give them their support in person, as it would make his case look much stronger. But no one wants to take the risk.  So how do we change all this? What can be the solution?

The main problem, says Dr. Saha, is the whole administration which needs an overhaul and more importantly the mentality of the doctors and the entire medical system.

Says Kolkata based physician D.P. Mullick, “Dr. Saha is not just fighting for his wife, this is a fight for every citizen who does not want to have a similar fate. It is the responsibility of the medical authorities and the state to take care of the patients. Unfortunately in today’s age that does not happen. Hopefully Saha’s fight would change that and make our medical system more accountable.”

Being an American citizen as well, Dr. Saha understands the basic difference between the two systems. “In America there is accountability, and humanity when treating their patients,” informs Saha. Furthermore he says that before the medical system the Indian judiciary too needs reformation to support the people in getting justice done effectively.

However he is getting some support from different quarters as senior Kolkata lawyer Mr. Alok Mitra says, “Dr .Kunal Saha’s case is a good case.I believe under the circumstances and considering the facts of the situation, we can expect some positive outcome of the judgment."

Kunal Saha thus still harbours hope that things will change eventually, and he along with PBT will try and make this country clean of similar cases like his.

The Fight continues…

Cases like Dr. Saha's are extremely rare; someone who has fought for 13 years relentlessly, and intends to do so till his last breath.  Staying in America, doing his research in HIV/AIDS, coming here regularly for his case, and managing the affairs of PBT too must be taxing, mentally and physically, but Saha finds his motivation; his love for his wife.  “For me Anuradha can never be dead. I have a big house there in America, and she stays with me.  Our meeting was a pre-scripted story; it was destiny. As if someone wanted me to do this. If I win this case it would perhaps set an example for others to be careful about. I hope I can just make this country a better place, so that children won’t have to die unnecessarily due to some ignorant people. Anuradha always wanted that,"says Saha .

While we wait for the Supreme Court Judgment and hope that it goes in the right direction, one thing is for certain, that Kunal Saha will not give up.  He is already turned into an inspirational figure for many suffering from fate similar to his.

Dr. Saha can be described both as the man who fought the system and the husband who loves his wife and is trying to bring her justice. One can learn from people like him, that no matter what we should never give up hope.  No matter what we should  keep fighting; until the very end.