PIL Filed To Strengthen Health Services In Rural & Tribal Areas Of Madhya Pradesh: High Court Directs Petitioner To Collect Additional Information

The division bench of Justice Vivek Rusia and Justice Anil Verma was hearing a writ petition filed in public interest by a writer/ social activist, seeking directions to revamp the health services in rural and tribal areas of the State.

Referring to the data provided by the National Family Health Survey 2019-21, the Petitioner submitted that the situation with respect to the rural health, especially health of women and children is alarming in Madhya Pradesh. The Petitioner laid out figures from multiple surveys to reveal that the State has the worst rate of infant mortality ratio in India. It also pointed out the poor performance of the State in maternal mortality ratio, being much higher than the national average. In addition to that, the Petitioner referred to the Rural Health Statistics, 2019-20, published by the Union Ministry of Health and Family Welfare, pointing out the sorry state of medical infrastructure and manpower in the rural and tribal areas of the state.

The Petitioner asserted that the Apex Court in a series of Judgments has declared "Right to Health" and "Right to Medical Aid" as "Fundamental Right" and also held that it is the duty of the State to ensure the same. The plea contended that the poor condition of health services in the hinterlands are in violation of the fundamental rights of rural and tribal population under Article 14 and Article 21 of the Constitution of India. Therefore, it was argued that it is the duty of the State to ensure adequate health facilities in terms of man-power as well as infrastructure in rural and tribal areas.

In order to reinvigorate the health services in such regions, the Petitioner prayed the Court to direct the State to provide adequate health services including manpower, infrastructure and medicines to each and every public health institution without any discrimination. He also sought for constituting an independent committee to continuously monitor the health facilities for the rural and tribal areas and to ensure the fulfilment of public sector norms.

The Court noted that the petitioner has filed all the data published by the Central Government in respect of sanctioned posts and vacancies in the entire State.

Case Title: CHINMAY MISHRA Vs PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT AND OTHERS