Rajasthan High Court: In a petition filed under Article 226 of the Constitution, Anoop Kumar Dhand, J., opined that in the present case, the right provided under Article 21 of the Constitution had been grossly violated by the respondents as they have miserably failed to give effective implementation of these beneficial schemes which were meant to save pregnant women and infants from mortality. Accordingly, the Court directed the respondents to conclude the departmental enquiry against the delinquent persons responsible for the incident occurred on 07-04-2016 in accordance with law and pass appropriate order after affording them opportunity of hearing. The Court further directed the respondents to pay Rs. 4 lakhs as compensation to the petitioner by depositing the same in fixed deposit and quarterly interest accrued thereon be paid to her and pay Rs. 25,000 to the petitioner within a period of three months from today and submit the payment of receipt on the record of this case.
Background
On 07-04-2016, the petitioner suffered labor pain and was taken to Community Health Center (‘CHC’), Khedi. The staff posted at CHC asked her about ‘MAMTA Card’ for providing treatment to her but in absence of the same, the treatment was not provided to her. Since the prescribed medicines of the petitioner were not available at CHC, the petitioner’s husband brought the medicines from the shop situated outside CHC.
In the meantime, the petitioner’s labor pain increased, and no one provided her the required medical attention, hence, the petitioner had to leave the premises of the CHC. Further, because of the absence of any transport facility, the petitioner had to walk towards bus stop and while crossing the road, the petitioner’s pain became unbearable, and she delivered twin children in the middle of the road in the market at around 11:30 am. Thus, seeing the heart-breaking incident, the women present nearby gathered there and covered the whole tragic scene by sarees, dupattas and bedsheets.
Thereafter, the petitioner and her twin children were taken to CHC, Khedi, but looking at their critical condition, they were referred to the higher centre. The petitioner’s one child died on the way to the hospital and another child was admitted to the hospital. However, a huge amount of money was demanded from the petitioner’s family members, which they were not able to arrange and subsequently, the petitioner’s second child also died for want of medical attention and required treatment.
In spite of several schemes like Janani Suraksha Yojna (‘JSY’), Pradhan Mantari Surakshit Matritva Abhiyan (‘PMSMA’) and Janani Shishu Suraksha Karyakaram (‘JSSK’), Pradhan Mantri Matru Vandhana Yojna (‘PMMVY’), Indira Gandhi Matritva Poshan Yojna (‘IGMPY’), Rajasthan Janani-Shishu Suraksha Yojna (‘RJSSY’), the petitioner did not receive any free treatment, medicines and unfortunately, she lost her newly born twin children due to grave negligent act of the respondents. Thus, the petitioner filed the present writ petition under Article 226 of the Constitution, seeking directions against the respondents for effective implementation of the JSSK and JSY Schemes and conducting enquiry against the delinquents and payment of compensation of Rs. 2 Lakhs for the death of each newborn baby.
Analysis, Law, and Decision
The Court opined that despite having several beneficial schemes for the welfare of pregnant females and infants, the respondents had miserably failed to discharge their duties in providing the benefits of the schemes to the petitioner and her newly born infants. The Court relied on C.E.S.C. Ltd. v. Subhash Chandra Bose, (1992) 1 SCC 441, and opined that the right to life under Article 21 of the Constitution included the right to lead a dignified, meaningful life and right to health was an integral facet of this right. The Court opined that the bare minimum obligation of the State was to ensure the preservation of the right to life and health, as the right to health was an integral part of right to life.
The Court opined that the petitioner’s right had been grossly violated by the respondents merely because she belonged to the weaker section of the society, and she was working in a brick kiln at the relevant time when this unfortunate incident had occurred. Further, the Court noted that just for the name’s sake, an enquiry was conducted by the Chief Medical and Health Officer, Alwar and negligence of two nursing staff was found, and the same were forwarded to the Joint Director, Medical and Health, Jaipur (Zone), Jaipur for necessary action. However, no documents had been placed on the record to show as to whether any action had been taken against the delinquent persons who were responsible for the unfortunate incident occurred on 07-04-2016.
The Court opined that in a welfare state, the primary duty of the Government was to secure the welfare of the people, and the government hospitals run by the State and the medical officers, and the staff employed therein were duty bound to extend medical assistance for preserving human life in all possible manner. The Court opined that in the present case, the right provided under Article 21 of the Constitution had been grossly violated by the respondents as they have miserably failed to give effective implementation of these beneficial schemes which were meant to save pregnant women and infants from mortality.
The Court opined that in spite of formulating several schemes for the welfare of the pregnant females and their infants, the Central Government was escaping itself from its liability only on a technical count that ‘health’ was a subject of ‘State List’ and it did not fell in the ‘Union List’ and ‘Concurrent List’ enumerated in Schedule VII of the Constitution. The Court opined that it was important for both the Centre and the State Governments to implement the Schemes in a manner that respected the fundamental rights of the beneficiaries of the Schemes.
The Court opined that several beneficiary schemes like JSY, JSSK, PMSMA, PMMVY, IGMPY and RJSSY, were not widely circulated in the public domain and the common people at large were not aware of the benefits of these schemes and directed the respondents to advertise these Schemes in public places by putting hoardings, posters and banners. Further, awareness about the above schemes for the pregnant females through television, radio, newspapers, social media, etc. should also be widely circulated.
The Court opined that the cash amount given to the pregnant females before and after delivery was quite inadequate and it was liable to be increased by the respondents. The Court also directed the respondents to ensure that the benefits of various schemes were not denied to the beneficiaries and the assistance was provided promptly at the nearest point it could be accessed. The Court stated that the Health Department of the Union of India and the Government of Rajasthan would devise the formats of registers to be maintained by the Medical Officers and Nursing Staff posted in the Government Hospitals, CHCs and various Health Centres, who were supervising the work of the above Schemes. Further, each Medical Officer and Nursing Staff and other officials would maintain a proper logbook of all the pregnant females and have a checklist of the various benefits to be given as per the Schemes, including ante natal care, child health and family planning.
The Court stated that if any beneficiary was declined the assistance provided then every nursing and other staff would report this to the Medical Officer, and a record should be maintained in this regard and necessary medical assistance be provided to the beneficiary as and when required. The Court also directed that a review must be undertaken of the issuance of any Medical Cards, and it should be ensured that every eligible person/family/child was granted the benefits of such Medical Cards. Further, special medical cells should be set up within the within the Health Department of the Central and State Government for monitoring the implementation of the Schemes on a regular basis.
The Court directed that the mobile apps for immediate assistance of pregnant females should be introduced and effectively maintained, and the Medical Officers, Nursing Staff and other Staffs posted in the Hospitals and Health Centres ought to be sensitised by proper and adequate training to take special care of pregnant females before and after their delivery. Further, The Government of India and the Government of Rajasthan would immediately issue corrective directions related to increase of cash amount to the beneficiaries of the various Schemes.
The Court also directed Secretary, Ministry of Health and Family Welfare, Government of India and the Chief Secretary of the State of Rajasthan to constitute a Joint High Powered Committee including Secretary of the Department of Medical and Health of the Centre and the State to make necessary amendments in the above-mentioned Schemes for their effective implementation.
Accordingly, the Court directed the respondents to conclude the departmental enquiry against the delinquent persons responsible for the incident occurred on 07-04-2016 in accordance with law and pass appropriate order after affording them opportunity of hearing. The Court further directed the respondents to pay Rs. 4 lakhs as compensation to the petitioner by depositing the same in fixed deposit and quarterly interest accrued thereon be paid to her and pay Rs. 25,000 to the petitioner within a period of three months from today and submit the payment of receipt on the record of this case.
[Phoolmati v. State of Rajasthan, 2024 SCC OnLine Raj 372, Order dated 20-02-2024]
Advocates who appeared in this case:
For the Petitioner: Sudhindra Kumawat, Advocate;
For the Respondents: R.D. Rastogi, Addl. Socilitor General assisted by C.S.Sinha, Advocate; Bharat Saini, Addl. Govt. Counsel for the State.
