The Bombay High Court on Monday warned the Principal Secretary, Health Department of the Maharashtra government of strict action if even a single child dies in any of the tribal areas due to malnutrition. The HC has ordered the state to depute Gynaecologists and Pediatricians in all these areas so that proper care is taken of pregnant women and children.
The bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni was hearing a PIL filed way back in 2007 highlighting the high numbers of deaths of children, pregnant women and lactating mothers in Melghat near Amravati, due to malnutrition.
On Monday, when the matter was called out for hearing, the bench was informed that between May to June this year, 49 children have died. "Over 11,000 children are underweight. There hasn't been any improvement in the situation," the counsel appearing in the PIL told the judges.
Activist Rajendra Burma, further told the bench that the HC had at least two decades ago, ordered the state to construct a model hospital near the Melghat area and that there has been no such hospital in any of the tribal areas.
"Our state claims it is way better than states like Uttar Pradesh and Bihar but in the health sector, we are much down on the list. Even below these states," the activist said.
"Their official data shows that around 40 children have died in Palghar alone. But the reality is way different than their records," he claimed.
Further, Burma pointed out that there is a dearth of paediatricians and gynaecologists in tribal areas, which has majorly impacted the health of pregnant women and children. He said that because there is no hospital nearby, people from Melghat have to travel up to Amravati to get treated in the civil hospital there.
At this, chief justice Datta said, "In case of the dearth of doctors in jails, we have ordered the state to ensure one doctor visits daily from civil hospitals. Similarly, you cannot say since there aren't doctors then there won't be any business. You need to submit all the details pertaining to the health facilities in these areas, who is heading the district hospitals etc in the next hearing. This is a serious matter to be dealt with."
The judges further asked government counsel Neha Bhide to ensure that advocate general appears before them on next date of hearing.
Bhide, clarified that the state isn't taking this matter adversely. "There are more than 170 directives passed, we are trying to comply with each of them. We couldn't provide hot cooked meal to these people during Covid but gave take-home-ration kits to these people."
"There are Village Child Development Centres (VCDC) in all such areas, wherein a constant check is being done on the health of children. They strive to ensure malnourishment is brought down. Even a single death is serious and we are aware of it," she added.
To this, Justice Kulkarni responded, "If your machinery is so good then why these 70 plus deaths of children due to malnutrition?"
Burma pointed out that the major problem is that the contractors, which are roped in for providing food for children in these areas are blacklisted. "No paediatricians are there because of which children are dying even in the womb. Please give us paediatricians, so that we could save children's lives," Burma urged.
Meanwhile, the chief justice noted that there is no gynaecologist in Chikhal Dhara municipal area.
"Ensure gynaecologists are sent there and the situation should be monitored by the state tomorrow," CJ ordered, to which, Bhide replied, "Yes, will depute gynaecologists and pediatricians from public health department to Amravati hospital."
The chief justice subsequently said that the court will hold the principal secretary of the health department responsible for further deaths.
"If on next date, we find any child has died, then we will hold the principal secretary of health Dept responsible for it. This is a serious issue. We want the situation to improve from tomorrow," the chief justice said.
"We want you to ensure doctors are deputed at all such places even in Palghar. Let your secretary rise to the occasion. We are putting him on guard. If on the next date we are told a child has died we will view it seriously," CJ Datta added.
Further, Justice Kulkarni ordered, "We also want the latest data of how much funds were made available by the Union government in the past decade. How that money has been utilised and yet why deaths are occurring."
The state and the Union government have to submit their affidavits before September 6, the next date of hearing.
