Mother Forced To Deliver Twins In Middle Of Road, Gross Negligence On Part Of State: Rajasthan HC Orders Compensation For Newborns' Death
Terming the incident where a mother lost her twins due to the inaction of staff posted at a Community Health Centre (CHC) as a 'death of humanity', the Rajasthan High Court has ordered State and Central Governments to jointly pay the woman Rs 4 lakhs as compensation. “…In utter violation of the fundamental right of leading a healthy life, the petitioner was compelled by the respondents...
Terming the incident where a mother lost her twins due to the inaction of staff posted at a Community Health Centre (CHC) as a 'death of humanity', the Rajasthan High Court has ordered State and Central Governments to jointly pay the woman Rs 4 lakhs as compensation.
“…In utter violation of the fundamental right of leading a healthy life, the petitioner was compelled by the respondents to give birth to twin children in middle of a market road, which highlights a situation of gross negligence and failure on the part of the respondents in discharging their duties and providing the bare minimum benefits of the various Schemes i.e. JSY, JSSY, etc. to the petitioner…”, the court held.
A single-judge bench of Justice Anoop Kumar Dhand has also directed the state and central governments to cooperate effectively in terms of the implementation of welfare schemes.
The court also pulled up the Central Government for trying to escape from liability on the ground that 'Health is a State subject.'
“…Right to Health is a national campaign initiated by the Government of India under its various beneficial Schemes over the last so many decades. Therefore, the responsibility for maintaining good health must rest squarely on the shoulders of the Union of India…”, the court added.
Background
The woman, though in labour pain at the time, was turned down admission at CHC, Khedli for not producing her 'MAMTA Card' to avail treatment. Devoid of any options, it was submitted that the woman left the hospital premises and was forced to give birth to twins in the middle of a market road.
It was argued that both of her children died due to timely medical assistance not being made available. At the time of the incident in 2016, the mother was working in a brick kiln.
The court observed that the petitioner and her children were refused medical care despite the existence of a plethora of welfare schemes for pregnant women and newly born children.
It added that schemes such as the National Maternity Benefit Scheme (NMBS), National Family Benefit Scheme (NFBS), National Rural Health Mission (NRHM), Janani Suraksha Yojna (JSY), Janani Shishu Suraksha Karyakaram (JSSK), etc intended for a reduction of infant and maternal mortality rate must be strictly implemented.
It further held that the right to health is an integral part of the right to life under Article 21 and pointed out that the petitioner was denied medical assistance owing to her weak position from a socio-economic standpoint.
Providing adequate medical facilities to all citizens is the government's duty in a welfare state, established both at federal and state levels, the court emphasised.
“…In the given structure of cooperative federalism, the Union of India cannot confine its obligation to mere enactment of a Scheme without ensuring its realization and implementation..”, the bench sitting at Jaipur stressed.
The court underscored that many Apex court decisions had mentioned the right to health of the mother and the child, and that many international covenants to which India is a signatory demanded certain standards of medical care that must be made available to all its citizens.
The Court opined that no law or state action should have prevented the medical professionals from discharging their paramount obligation, i.e., saving lives.
“…Failure on the part of a Government Hospital and the Staff deputed therein to provide timely medical treatment to a person, who is in need thereof, results in gross violation of his/her right to life guaranteed under Article 21 of the Constitution…”, Justice Dhand added.
Accordingly, the Court ordered compensation and clarified that it would be deposited as a fixed deposit in the petitioner's name for three years at a nationalised bank before encashment.
Constitution of Joint High-Powered Committee
The court has also issued directions, including the constitution of a Joint High-Powered Committee to take necessary steps for resolving the shortcomings in the Union's & Rajasthan's welfare schemes.
The court called for the committee to be constituted by the Secretary (Ministry of Health & Family Welfare) and the Chief Secretary of Rajasthan, comprising Secretaries from the Department of Medical & Health of the Centre as well as the State.
The following steps have been proposed to be taken by the committee:
i) advertising and promoting health schemes for pregnancy,
ii) increasing cash amount given to pregnant females,
iii) preparing the desired format of registers and maintaining proper log books of pregnant females at government hospitals to supervise scheme implementation,
iv) review of issuance of medical cards and conferment of benefits
v) mobile apps for providing immediate assistance to females etc.
Advocate Sudhindra Kumawat appeared for the petitioner. For respondents, Additional Solicitor General R.D. Rastogi was assisted by Advocates C.S.Sinha ( for UOI) and Additional Govt Counsel Bharath Saini (for state).
Citation: 2024 LiveLaw (Raj) 73
Case Title: Phoolmati v. The State of Rajasthan & Ors.
Case No: S.B. Civil Writ Petition No. 8155/2016