R. M. LODHA, J. :- In continuation of various affidavits filed on be of the State Government and the directions issued by this Court from time to time, further affidavit has been filed on behalf of the State Government by Raju Manohar Jotkar, Assistant Director of Health Services on September 2006.

2. It is apparent from the affidavit dated September 20, 2006 that the Government has failed to combat child deaths within the State, tribal as well non-tribal areas. In 15 tribal districts of the State, in the year 2003-04, the c mortality was 8,321 while in the years 2004-05 and 2005-06, it was 8,003 7,700, respectively. That means, there is only a marginal decrease in child d despite the claim of the State Government that various welfare schemes h been launched in the tribal districts. The statement annexed with the affidavit also revealing and saddens us. It appears that the child death of one to six year of age has been on increase over the years except the marginal decrease last year It leads us to infer that either the welfare schemes framed by the S Government are not being implemented properly as it should be or that s schemes have failed to have any impact. Is it not slur on the society that after more than eight years and five decades of independence, the State is hay large number of child deaths due to malnutrition as a major contributory fact In almost all the affidavits filed on behalf of the State Government, from time to time, the statement has been made that the State Government is doing its best

to combat the child that the child deaths and that the welfare schemes are being implemented, but figuures that have come on record belie the claim of the State Government.

3. On 12-12-2003, the State Government constituted Child Mortality Evaluation Committee under the chairmanship of Dr. Abhay Bang. The committee comprised of 13 other members and has submitted two reports. The report dealt with improving registration of the infant deaths and the child , in the tribal areas and in the second report measures to be taken for, infant mortality, child mortality, maternal mortality and child malnutrition in bal districts of the State have been recommended. In the affidavits filed by State Government from time to time, the recommendations made by Dr. Abhay Bang Committee and the actions taken in that regard have been mentioned. The facts and figures of the infant and child mortality that have come record show that the steps taken by the State Government so far are not adequate and much more effective steps need to be taken.

4. We may also notice here the affidavit filed on 4-10-2005 by one Pranali veen Chitnis, Under Secretary in the office of the Secretary, Women and child Development Department wherein the statement has been made that the additional sanctioned 12,684 Anganwadi Centres will be made functional by June 2006.

5, To our specific query to the Additional Government Pleader as to whether the sanctioned additional 12,684 Anganwadi Centres have become functional, the Additional Government Pleader submitted that according to the functions given by Dr. Prakash Doke, about 80% of the said additional Aganwadi Centres have come into operation; all the additional 12,684 Anganwadi Centres have not become functional.

6. It needs no emphasis by us that by such large number of child deaths; nutrition being major contributory factor, there is wholesome violation of which 21 of the Constitution of India by the State Government. The salutary directive given in Article 47 of the Constitution of India that the State shall Government the raising of the level of nutrition and the standard of living of its people the improvement of public health as among its primary duties appears to be distant dream in tribal areas. If the thousands of children die every year in the of Maharashtra, more particularly in tribal areas; malnutrition being major contributory factor, the only inference that can be drawn is that the State governmen