Bombay High Court Mandates Zero Tolerance Approach to Tribal Deaths
The Bombay High Court delivered a strong directive to the Maharashtra state government on Monday. The court insisted that authorities must adopt a "zero tolerance" policy. This policy aims to completely eliminate deaths of newborn babies, pregnant women, and lactating mothers in the state's tribal regions.
Areas like Melghat have witnessed tragic fatalities for the last two to three decades. The court emphasized that this pattern must stop immediately.
Judges Identify Root Causes of Persistent Tragedies
Justices Ravindra Ghuge and Abhay Mantri presided over the hearing of Public Interest Litigations (PILs). They pointed out that the government already knows the fundamental reasons behind these deaths.
"The state government earnestly needs to go to the root cause," the bench stated. They listed several identified causes including sickle cell syndrome, severe anaemia, chronic undernourishment, and the practice of early marriages.
Senior advocate Jugalkishore Gilda, representing the petitioners, presented recent evidence of the ongoing crisis. He cited a specific incident from November 15. On that day, four malnourished children between six months and six years old died. A young mother also lost her life in the Melghat and Dharni areas.
Gilda attributed these deaths directly to medical negligence. He painted a stark picture of the healthcare infrastructure's collapse in these regions.
Critical Infrastructure Failures Exposed in Court
The advocate detailed a severe lack of basic facilities at Primary Health Centres (PHCs). According to his submission, these centres have no specialist doctors available. Furthermore, they suffer from absent proper roads and unreliable electricity supply.
The current system forces doctors to travel for several hours each day. These medical professionals are rostered on a daily basis and must return home the same day, leaving PHCs unattended overnight.
Gilda presented alarming statistics, claiming 136 children died in Melghat between April and December. In response, the state's advocate, Bhupesh Samant, provided a slightly lower official figure of 115 deaths. Samant assured the court that government efforts were underway to address the situation.
Court Demands Special and Extraordinary Measures
The judges remained unconvinced by the state's assurances. Justice Ghuge issued a clear challenge to the government.
"The government will have to do something special and extra. You'll have to do something more. Problems are many. You must have the will and desire to overcome the problems," Justice Ghuge asserted.
The bench declared that PHCs require "special attention" immediately. They ordered the government to take the initiative to construct good roads. This directive stands even though many affected villages and health centres fall within wildlife sanctuary boundaries.
The judges expressed deep disappointment with the state's current strategy. They criticized the daily deployment system for gynaecologists and paediatricians as ineffective.
"Too little is being done," the court observed bluntly.
Directives for Sustainable Solutions and Immediate Action
The High Court outlined specific requirements for a lasting solution. The state must urgently improve all infrastructural facilities. These improvements should enable doctors to be deployed on at least a monthly basis. This would allow medical professionals to reside in or near the PHCs, ensuring consistent care.
The court issued concrete orders for the government to proceed. Authorities must act on the report submitted by a five-secretary committee. This committee visited Melghat on December 5 for an on-ground assessment.
The judges instructed the government to consider suggestions from the petitioners while implementing the committee's recommendations. They scheduled the next hearing for February 27.
In a significant clarification, the bench stated that no election code of conduct should become an impediment. All committees, authorities, and government departments must continue their work without delay, regardless of any upcoming electoral processes.
The Bombay High Court's firm stance highlights a decades-long humanitarian crisis in Maharashtra's tribal heartland. The judiciary has now placed the responsibility squarely on the state government to enact immediate and transformative change.
