Ensure no child dies due to malnutrition or State health secretary will be put to notice: Bombay High Court to Maharashtra government

The Bombay High Court on Monday directed the Maharashtra government to ensure that no child in the State dies from malnutrition and also cautioned that if the Court comes across any such incident, it will put the State Health Secretary to notice (Dr. Rajendra Burma & Anr. v. State of Maharashtra & Ors.).

A Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a batch of public interest litigation (PIL) petitions raising grievance against malnutrition among children of Melghat region in Amravati district.

The Court has been directing the State departments to ensure there is a co-operative effort to tackle malnutrition in the region since 2007, when the PILs had been filed.

On Monday, the Bench directed the State government to ensure that specialist doctors are sent to the Melghat region and other tribal areas to ensure that children do not die due of malnutrition.

While stating so, the Bench warned the Secretary of the State health department that he will be put to notice if there are any further deaths due to malnutrition in the next two weeks.

“If we are informed by petitioners by the next hearing that there are further deaths owing to malnutrition, we will hold your (state) health secretary responsible. Tomorrow onwards, proper measures should be taken. If by the next hearing more deaths have taken place, we will take stern action,” the Bench said.

Senior Advocate Jugal Gilda appearing for petitioner Dr. Rajendra Burma, submitted that children and expecting mothers from not only the Melghat region, but other neighbouring tribal regions were not getting sufficient medical aid.

He informed the Court that the situation has worsened after the COVID pandemic period.

If effective steps are not taken, 900 more children might lose their lives in near future in Melghat region, Gilda emphasised.

Co-petitioner Banu Sanę apprised the Court that over 70 children had lost their lives due to malnutrition and over 11,000 children were underweight and there had been no progress to alleviate their suffering.

No pediatricians or gynecologists are available in the Melghat region, and therefore specialised treatment to the needy and aggrieved is being denied, he added.

Government Pleader Neha Bhide clarified that the government is not treating this as an adversarial petition, while also assuring that the government is taking continuous measures to address the issue.

The Bench however retorted, "If your machinery is so well equipped, why 73 deaths of malnutrition took place and children are dying till date? There isn’t a single gynecologist and pediatrician available in Chikhaldara region. From tomorrow we want the situation to be monitored by doctors.”

The Court, therefore, directed the government to ensure that gynaecologists, paediatricians and radiologists from government hospitals are deputed in tribal areas across the State for regular visits.

The Bench also asked the Central government to inform them the total amount disbursed for the upliftment of tribal people under various schemes so far and how it was monitoring the same.

The Bench posted the matter for further hearing and directions on September 6, 2021.