IMPORTANT POINT
The quantification of benefits in money under the JSSK Scheme is an internal arrangement for reimbursement and does not affect the entitlements provided to the beneficiaries.

JUDGMENT :

1. The instant Public Interest Litigation has been filed by the Petitioner seeking directions for removing the ceiling of benefits capped under the Janani Shishu Suraksha Karyakram (for short “JSSK Scheme”) in the State of Nagaland and to ensure that the pregnant women and sick newborn are given various benefits in terms with JSSK Scheme as well as other consequential directions.

2. It is seen from the records that in respect to the said JSSK Scheme, earlier another Public Interest Litigation was filed which was registered and numbered as PIL No. 19/2017. This Court after taking into account the JSSK Scheme and hearing the parties disposed of the same with the directions which have been mentioned in paragraph Nos. 11 and 12 vide the judgment and order dated 27.05.2019. Paragraph Nos. 11 and 12 of the said judgment and order being relevant are reproduced herein under:

“11. The above serial Nos. 3 & 4 shows that, in the event the pregnant women and the sick new born baby are not provided their entitlements under the JSSK Scheme, the affected person can approach the Deputy Chief Medical Officer of the concerned District with their grievance. The Deputy Chief Medical Officer shall then take action on the grievance within 2 (two) days from receipt of the same. In line with the above, the claim of the affected person will be examined by the Deputy Chief Medical Officer within 2 (two) days and if the Deputy Chief Medical Officer finds that the affected person is entitled to the benefits of the JSSK Scheme, the same should be given to the affected person within a week, after taking a decision on the grievance of the affected person. If the affected person is aggrieved by the decision of the Deputy Chief Medical Officer of the concerned district, the affected person can subsequently approach the Joint Director (RCH-MH), who is the State Nodal Officer. The respondent No. 6 should also ensure that the approved annual budget for the JSSK Scheme should be released to the State Government in time.

12. The State respondents are also directed to give wide spread publicity to the JSSK Scheme in length and breadth of the State and to implement the same in all letter and in spirit.”

3. Pursuant to the said judgment and order dated 27.05.2019, a notification was issued on 24.06.2019 by the State Health Society, National Health Mission, Government of Nagaland whereby entitlements provided in the Scheme were quantified in money against each of the benefits which were provided by the JSSK Scheme. The Petitioner thereupon had approached this Court stating that this capping of the benefits by quantifying it with money is not only meager to the actual expenses which a pregnant women or a new born child would have to spent and as such, the benefits of the JSSK Scheme have been taken away by the said notification dated 24.06.2019. It is under such circumstances, the instant Public Interest Litigation has been filed.

4. Before further proceeding, we find it very pertinent to take note of what are the actual benefits which the JSSK Scheme provides as the same would have relevance in deciding the instant Public Interest Litigation. The entitlements as per the JSSK Scheme are two fold. Firstly, the entitlements for pregnant women and secondly, the JSSK Scheme provides entitlements to sick newborn till 30 days after birth and the details of which are stated herein-under:

“Entitlements for Pregnant Women:

(i) Free and zero expense Delivery and Caesarean Section

(ii) Free Drugs and Consumables

(iii) Free Essential Diagnostics (Blood, Urine tests and Ultra-sonography etc.)

(iv) Free diet during stay in the health institutions (up to 3 days for normal delivery and 7 days for caesarean section)

(v) Free Provision of Blood

(vi) Free Transport from Home to Health Institutions

(vii) Free Transport between facilities in case of referral

(viii) Drop Back from Institutions to home after 48 hrs stay

(ix) Exemption from all kinds of User Charges Entitlements for Sick Newborn t