A Bombay High Court bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni on Monday voiced concern over the fact that malnutrition has caused the deaths of 40 children and more than 24 stillbirths have occurred from August 31 till date, in Melghat, a tribal region of Maharashtra. The bench has slammed the state for failing to control infant deaths in tribal belts.
The bench pulled up the government for boasting about its various policies, which, the judges said were of no use, as children continued to die due to malnutrition.
The bench was hearing a bunch of PILs filed by activists like Rajendra Burma and Poornima Upadhyay, as far back as in 2007, highlighting the deaths of children, pregnant and lactating women owing to malnutrition in tribal belt of the state, especially in Melghat.
Advocate General Ashutosh Kumbhakoni appeared for the state and started reading from its affidavit which listed measures taken for betterment of tribal communities in these areas.
The chief justice interrupted the AG from going on reading the document and asked, “We want to know if the deaths have taken place (after our last orders)?”
The AG responded in the affirmative. To this, CJ Datta reacted, “Then what’s the use of all these measures? Aren’t these Yojanas (schemes) only on paper? Don’t we have value for human life?”
However, the AG attempted to convince the bench saying that the state’s infant mortality rate had come down. “In Melghat, child deaths have come down from 407 in to 2016-17 to 203 in 2020-21,” Kumbhakoni pointed out.
Intervening in the submissions, Burma told the bench that from August 31 till date, there had been 40 child deaths and 24 cases of stillbirth. He even highlighted the shortage of gynaecologists, paediatricians, physicians, radiologists and other medical officers in the tribal regions of the state, especially Melghat.
“There is a huge difference between what is being said in the affidavit and the ground reality,” Burma told the judges.
An advocate appearing for one of the petitioners pointed out that the state was underreporting the cases of deaths due to malnutrition by showing them as deaths due to pneumonia, diarrhoea and so on. He further informed the bench that the Prime Minister had, in 2017, launched the Poshan Abhiyan to provide nutritious food for the tribal people. “The funds allocation was in the ratio of 60:40. But till now, the state has used only 24 per cent in last three years,” he said.
During the hearing, the chief justice noted from the state’s affidavit that more than 50 per cent of posts of medical officers were lying vacant in areas like Gondia, Gadchiroli unlike the situation in urban areas like Pune, Nagpur etc, which had 100 per cent staff.
To this, Kumbhakoni said the state did appoint medical officers for these areas but the doctors wouldn’t report to work as they did not wish to work in these areas.
“Then punish them,” the CJ remarked, adding, “Or give them some incentives. You cannot be reading this Yojana, that Yojana in front of us. Your focus should be on controlling the deaths of children. 40 children dying in a month along with 24 stillborn. Isn’t this disheartening?”
The CJ further said that the state could not say that just because it was Gondia and Gadchiroli, which are troublesome regions, doctors would refuse to work. “We have our judicial officers working there. They are discharging their duties. You ought to make your staff understand about the issue,” he said.
Meanwhile, advocate Uday Warunjikar for another petitioner, highlighted that the deaths increase during monsoon every year, in these areas. He also highlighted lack of medical officers and other staff in regions like Chikhaldhara, Dharni etc.
The bench noted the submission and ordered the AG to immediately provide the needed facilities in these areas.
The matter will be next heard on Monday.
