Will Hold Health Secretary Responsible If Any More Children Die Of Malnutrition : Bombay High Court

A division bench of Chief Justice Dipankar Datta and Justice G. S. Kulkarni was hearing a bunch of PILs seeking specialists, nutrition and health facilities for children and expectant mothers in the Melghat region, including those filed by Dr Rajendra Burma and activist Bandu Sampatrao Sane.

At least seventy-three children between ages 0-6 have died in Melghat in the last four months, from April to July, and an additional 20 were stillbirths, petitioner Sane informed the court.

He states, from April 1, 2020, to July 31, 2021, the region has seen 330 toddlers die and 168 stillbirths. This amounts to at least one death every single day.

State's Counsel Neha Bhide informed the court that the State Government had taken several steps to address the healthcare issue and several orders have been passed in the PIL in the last 13 years.

"If your (government) machinery is so well equipped, then why have there been 73 incidents of children deaths due to malnutrition," Justice Kulkarni asked. "There isn't a single gynaecologist or paediatrician available in Chikhaldara (in Melghat) region. From tomorrow we want the situation to be monitored by doctors," CJ said.

The court asked the State to depute these specialists on a war footing and asked the Union and the State, to file an affidavit with official figures on the number of deaths and steps taken to alleviate tribals.

"If on the next date of hearing we are informed that there have been more deaths of children due to malnutrition, then we will hold the Principal Secretary of the State Public Health Department responsible. The Public Health Department Secretary has to rise to the occasion," Justice Dipankar Datta said.

"This is a very serious matter. We are putting your Health Secretary on guard. If by September 6 we hear there have been deaths due to malnutrition, we will take a very stern view of the matter," he added.

Sane says that this was the 125th hearing in his 13-year-old case. However, he informed the court that the issue is three decades old, with the first plea filed in 1992-93.

In 2018, the court had directed the constitution of a "core committee" to assess the problems faced by tribals in the area and monitor the implementation of welfare schemes.

Senior Advocate Jugal Kishore Gilda, for petitioner Burma, contended that the situation becomes unbearable during the rains, with a rapid increase in deaths.

The petitioner said that the State was yet to build a hospital, claiming that the land came under the forest department. "But when the PM (Indira Gandhi) was supposed to Visit in 1975, a guest house was built in a month."

Sane's note claims that pregnant women have to travel through hilly terrain to reach the hospital from the interiors.

"There are 11 Primary Health Centres, two rural hospital at Churni and Chikhaldara and 1 Sub- District Hospital at Dharni. The point of referral from Dharni or from Hatru region (the interior most part of Chikhaldara block) to District Civil Hospital, which is around 180 to 200kms via a hilly terrain."

There are two gynaecologists in Dharni but none in Chikhaldara;

There are 3944 pregnant mothers in the region... How do we expect the remaining 2435 mothers to be checked regularly for their health and wellbeing? The result is complications at birth, still birth, low birth weight babies, premature deliveries and puts mother at high risk at the last moment, the plea states.

The court asked the petitioners to put the contents of their note on record and adjourned the matter to September 6.

Case Title: [Dr Rajendra Sadanand Burma vs State of Maharashtra]