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IN THE HIGH COURT OF DELHI
Hima Kohli, Subramonium Prasad, JJ.
Sama-Resource Group for Women and Health - Appellant
Versus
Union of India - Respondent
W.P.(C) 2983 of 2020 & CM APP Nos. 10345-46 of 2020
Decided On : 22-04-2020
Court mandated coordination among health authorities to ensure pregnant women receive necessary healthcare services during COVID-19 lockdown, emphasizing the importance of implementing guidelines effectively.
Headnote:(A) Indian Trust Act, 1872 - Ministry of Health & Family Welfare Guidelines - COVID-19 Pandemic - Public interest petition concerning denial of essential healthcare services for pregnant women during lockdown - A coordination between various departments mandated to ensure access to delivery services. (Paras 2, 5, 9, 12)
(B) Healthcare Rights - The court emphasized the necessity for effective implementation of guidelines to allow essential health services despite lockdown measures, particularly reproductive healthcare services to pregnant women. (Paras 3, 8, 10)
Facts of the case:
The petitioner, a public charitable Trust, filed a petition highlighting the barriers faced by pregnant women in accessing childbirth services during the COVID-19 pandemic.
Findings of Court:
The court noted the need for a helpline for pregnant women to access healthcare services and directed the relevant authorities to make necessary arrangements.
Issues: Whether adequate healthcare services are being provided to pregnant women during the COVID-19 lockdown.
Ratio Decidendi: The court emphasized that the Government must ensure that pregnant women have unimpeded access to healthcare services, regardless of lockdown restrictions, and mandated the creation of a helpline for assistance.
Result: Petition disposed of with directions.
| Table of Content |
|---|
| 1. petition filed regarding denial of maternity healthcare. (Para 2) |
| 2. guidelines for essential health services during covid-19. (Para 3 , 4 , 5) |
| 3. respondents’ assurances for support to pregnant women. (Para 6 , 7 , 9 , 10) |
| 4. court appreciates responses from government bodies. (Para 11) |
| 5. directions issued for implementing support helpline. (Para 12) |
ORDER
1. The present matter has been taken up through Video Conferencing.
2. The present petition has been filed by an Organisation based in Delhi which is a public charitable Trust registered under the Indian Trust Act, 1872, that works on issues related to women's health and rights including reproductive health rights. The petitioner has approached this Court by way of the present public interest petition after submitting a representation dated 18.04.2020 to the respondent No.1/Ministry of Health & Family Welfare, Union of India and respondent No.4/Department of Health & Family Welfare, Govt. of NCT of Delhi, highlighting denial of healthcare, and more specifically, denial of delivery/child birth services to pregnant women in Delhi and the barriers faced by them and their families in the wake of the COVID-19 pandemic and the lockdown declared by the Central and the State Government.
3. Ms. Grover, learned counsel for the petitioner draws the attention of this Court to an order dated 15.04.2020 issued by the respondent No.2/Ministry of Home Affairs which refers to a consolidated revised Guidelines issued pursuant to the order dated 14.04.2020, passed by the Government relating to lockdown measures for containment of COVID-19 epidemic in the country which has been extended upto 03.05.2020. The said order clarifies that the consolidated revised Guidelines shall not apply to the containment zones as demarcated by State/UT/District administrations and if any new area is included in the category of containment zone, the activities allowed in that area till the time of its categorisation, shall be suspended except for activities that have been specifically permitted by the Ministry of Health & Family Welfare under the Guidelines.
4. Our attention is next drawn to the Guidelines for enabling delivery of essential health services during the COVID-19 outbreak enclosed as Annexure A-6 to the writ petition. Learned counsel submits that essential services mentioned in the Guidelines includes reproductive and neonatal healthcare services to the pregnant women, besides prevention and management of communicable deceases, treatment of chronic deceases to avoid complications and for addressing other emergencies. We may note that in the said Guidelines issued by the respondent No.1/Ministry of Health & Family Welfare, Part-2 deals with essential services and continuation thereof, amongst others, in relation to care during pregnancy and child birth.
5. Learned counsel submits that the Union of India has specifically directed all front line workers of Sub-Health Centres (SHC) and Health and Wellness Centres (HWC), to maintain a list of persons to whom essential services have to be extended, for example, pregnant women, those who have recently delivered, infant children below the age of 5 years etc. She states that Auxiliary Nursing Mid-wives (ANM) and Asha workers must ensure that the pregnant ladies in the last trimester are contacted to ascertain their status. It is contended that despite extensive Guidelines laid down by the respondent No.1/UOI, services on ground are not readily available. It is in this background that the present petition has been filed so as to ensure that there is proper coordination between the concerned departments of the respondent Nos.1 and 3/Union of India and the respondent No. 4/Government of NCT of Delhi so that a Nodal Officer is appointed in every COVID-19 hotspot, whose contact number is made public and a dedicated helpline is set up for pregnant women seeking essential health services, which includes arranging transportation to and from t
