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Right to Health under Article 21

State Must Ensure Zero Tolerance for Preventable Maternal and Child Mortality: Bombay High Court - 2026-01-19

Subject : Constitutional Law - Public Interest Litigation

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State Must Ensure Zero Tolerance for Preventable Maternal and Child Mortality: Bombay High Court

Supreme Today News Desk

A Crisis of Care: Bombay High Court Demands Urgent Action on Tribal Health Infrastructure

In a scathing critique of existing healthcare measures, the Bombay High Court has directed the Maharashtra government to formulate a robust "roadmap" to address the perennial health crisis plaguing the tribal regions of Melghat and Dharni. The court expressed deep frustration over the state's reliance on ineffective medical rosters, declaring that a "zero tolerance" approach is required to end the persistent wave of preventable deaths among children and women.

A Decades-Old Struggle for Survival

The proceedings stem from a Public Interest Litigation (PIL) originally lodged in 2007. Despite years of judicial intervention—and a previous PIL dating back to 1992—the situation on the ground remains dire. The court noted that malnutrition, anaemia, sickle cell syndrome, and early marriages continue to fuel mortality rates in these remote regions.

The petitioners, representing the plight of tribal communities, presented harrowing accounts, including the recent deaths of four malnourished children on a single day. The court was further moved by the tragic case of a mother who, upon losing two newborns in succession, succumbed to shock—a reminder of the institutional failures inherent in the current setup.

The Arguments: Logistical Failure vs. Systemic Neglect

The state authorities, represented by the Additional Government Pleader, argued that they are actively deploying gynecologists and pediatricians via a daily roster. They pointed to geographical and social challenges, including bad road connectivity and a reluctance among senior doctors to serve in tribal areas, forcing the recruitment of less experienced "freshers."

Justice Ravindra V. Ghuge and Justice Abhay J. Mantri were unmoved by these explanations. The bench notably rejected the argument that road development should be halted to curb tourism. "The focal point for the State should be the health of pregnant women, newly born babies, and lactating mothers," the court remarked, emphasizing that the lack of infrastructure is not a valid excuse for the state to abandon its fundamental duties.

Key Observations from the Court

The bench did not mince words regarding the current administrative performance: * On Ineffective Rosters: "The daily roster prepared by the Public Health and Family Welfare Department appears to be ineffective. Too little is being done." * On Misplaced Priorities: "If excessive tourism appears to be a problem, the State Government is to devise means and methods to regulate the same and not surrender to the crisis and refrain from improving the roads." * On Staffing Challenges: "A fresher who is normally a year or two into the medical profession, is bound to feel helpless if a critical case reaches the PHC."

The Road Ahead: A Call for Accountability

The High Court has ordered the state to move beyond temporary patches. It has mandated the formulation of a comprehensive road map for healthcare in the region, to be presented within four weeks. Furthermore, the court has directed the government to compile a history of all previous judicial orders and committee reports—documents that have thus far been "gathering dust"—to ensure future actions are grounded in historical accountability.

By clarifying that election codes of conduct must not impede these health initiatives, the Court has signaled that the right to survival for tribal citizens in Melghat takes precedence over bureaucratic inertia. The hearings are set to resume on February 27, 2026, marking a critical juncture in the state’s obligation to provide equitable medical care.

malnutrition - maternal-healthcare - tribal-welfare - infrastructure-development - medical-negligence - sickle-cell

#RightToHealth #PublicInterestLitigation

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