Case Note & Summary
The Bombay High Court was hearing a suo motu writ petition based on newspaper reports about the untimely death of many children due to malnutrition in Dhule and Nandurbar districts. The court also considered a connected writ petition filed by Manubhai Paragji Vashi. The court reviewed affidavits filed by the State Government, including a recent affidavit dated September 20, 2006, from Dr. Raju Manohar Jotkar, Assistant Director of Health Services. The court noted that in 15 tribal districts of Maharashtra, child mortality was 8,321 in 2003-04, 8,003 in 2004-05, and 7,700 in 2005-06, showing only a marginal decrease. The court expressed concern that child deaths in the age group of one to six years had been increasing over the years except for a marginal decrease in the last year. The court inferred that either the welfare schemes framed by the State Government were not being implemented properly or had failed to have any impact. The court observed that it was a slur on society that even after more than eight years and five decades of independence, the State was having a large number of child deaths due to malnutrition as a major contributory factor. The court noted that the State Government had constituted a Child Mortality Evaluation Committee on December 12, 2003, under the chairmanship of Dr. Abhay Bang, comprising 13 members. The court did not pass any specific orders in this order but expressed its displeasure and concern over the situation.
Headnote
A) Constitutional Law - Right to Life - Right to Health - State's Duty - The court considered the failure of the State Government to effectively implement welfare schemes to prevent child deaths due to malnutrition, noting that the figures of child mortality in tribal districts showed only marginal decrease over the years, indicating either improper implementation or failure of schemes. (Paras 2-3)
Issue of Consideration
Whether the State Government has failed to combat child deaths due to malnutrition in tribal and non-tribal areas despite welfare schemes.
Final Decision
The court expressed concern and displeasure over the failure of the State Government to effectively combat child deaths due to malnutrition, but did not pass any specific orders in this order.
Law Points
- Right to life
- Right to health
- State's duty to implement welfare schemes
- Child mortality
- Malnutrition
Case Details
2006 LawText (BOM) (09) 91
Suo Motu Writ Petition No.5629 of 2004 with Writ Petition No.1623 of 2003
Mrs. Jyoti S. Pawar, Additional Government Pleader, with Mr. P.M. Patil, Assistant Government Pleader for respondent-State; Mr. Santosh Shetty i/b. Mr. M.P. Vashi for petitioner in WP 1623/2003
Suo Motu (on reports in Marathi Newspapers)
State of Maharashtra & Ors.
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Nature of Litigation
Suo motu writ petition based on newspaper reports about child deaths due to malnutrition in Dhule and Nandurbar districts, along with a connected writ petition.
Remedy Sought
The court sought to ensure that the State Government effectively implements welfare schemes to prevent child deaths due to malnutrition.
Filing Reason
Reports of untimely death of many children due to malnutrition in Dhule and Nandurbar districts.
Previous Decisions
The court had issued various directions from time to time and the State Government had filed multiple affidavits.
Issues
Whether the State Government has failed to combat child deaths due to malnutrition in tribal and non-tribal areas.
Whether the welfare schemes implemented by the State Government are effective in reducing child mortality.
Submissions/Arguments
The State Government claimed that various welfare schemes have been launched and are being implemented.
The court noted that the figures of child mortality show only marginal decrease, indicating either improper implementation or failure of schemes.
Ratio Decidendi
The State Government's claim of implementing welfare schemes is belied by the marginal decrease in child mortality figures, indicating either improper implementation or failure of schemes.
Judgment Excerpts
It is apparent from the affidavit dated September 20, 2006 that the State Government has failed to combat child deaths within the State, tribal as well as non-tribal areas.
Is it not slur on the society that even after more than eight years and five decades of independence, the State is having large number of child deaths due to malnutrition as a major contributory factor?
Procedural History
The suo motu writ petition was filed based on newspaper reports. The court issued directions from time to time and the State Government filed multiple affidavits. On September 20, 2006, a further affidavit was filed by Dr. Raju Manohar Jotkar. The court considered the affidavit and expressed its concern.
