The State is obligated to provide adequate medical facilities, and negligence in this regard, particularly during childbirth, can lead to liability for resulting harm or death, as demonstrated in this case.

JUDGMENT :

(M. R. Pathak, J.)

Heard Ms. K. Nada Maling, learned counsel for the petitioner and Mr. Taba Tagum, learned Standing Counsel, Health and Family Welfare Department, for the respondent Nos. 1 to 4. Also heard Ms. P. Pangu, learned Government Advocate, Arunachal Pradesh for the respondent No. 5.

2. The petitioner, Junaki Mega alleged that her daughter-in-law, Miti Mega wife of Amar Mega, aged about 23/24 years, after giving birth to a baby boy at District Hospital, Roing on the night of 10.07.2015, subsequently, after about 5½ hours of giving birth to her said baby, she expired on 11.07.2015, because of profuse bleeding, due to negligence committed by and on the part of the Doctors of District Hospital at Roing, Lower Dibang Valley, Arunachal Pradesh.

3. Petitioner’s daughter-in-law Miti Mega was brought to Roing District Hospital on 10.07.2015 for her delivery. Before her delivery, the doctors of the said Hospital, were aware that she was underweight and was suffering from Anemia and that precautions in that regard were taken by her. As per the Pregnant Woman Tracking Card her daughter-in-law was given 30 Iron Folic Tablet.

4. Though after delivery, her daughter-in-law being an anemic patient should have been transfused with blood and for that purpose blood should have been kept ready, but neither it was recommended by the Doctors in the said Government District Hospital at Roing, nor there was any facility of Blood Bank in the said Government Hospital. Petitioner further contended that in the entire Lower Dibang Valey, including Roing, there was no Blood Bank and even the emergency doctors, nurses and the medical staff in the said District Hospital at Roing were also not equipped with the basic facilities in case of complication during child birth by any pregnant mother or after delivery by such mothers.

5. The petitioner stated that her daughter-in-law was not placed under the supervision of any ASHA (Accredited Social Health Activist) Workers/Activist and her said daughter-in-law prior to her delivery had 3 (three) antenatal check-ups at Khonsa, Tirap District while she was with her husband Shri Amar Mega. On transfer of her son Amar Mega to Roing in the Lower Dibang Valley District, petitioner’s said daughter-in-law also came to Roing with her husband and had medical check-ups in the District Hospital at Roing.

6. It is alleged by the petitioner that during antenatal check-up had her daughter-in-law been advised by the authorities and the doctors of District Hospital at Roing to register with the ASHA Workers, she would have got the benefits of various Central and State sponsored Schemes of the Government like – Janani Shishu Suraksha Karyakrama (JSSK), Janani Suraksha Yojana (JSY) promoting intuitional deliveries under the National Rural Health Mission (NRHM) and providing free and cashless delivery, including C-Sections to pregnant women and free treatment of sick new-borns with free drugs, diagnostics, diet and transport regardless of socio economic status, where those schemes have been implemented to reduce infant maternal mortality. Because of such non- advise of the doctors and staff of the District Hospital at Roing, the daughter-in- law of the petitioner could not get the benefit from ASHA Workers, nor any such benefit under JSY and/or JSSK. Petitioner stated that had her daughter-in-law been advised by the Doctors at Roing District Hospital to register with ASHA Workers, she would have also got the benefits of other Government Schemes like, National Maternity Benefit Scheme (NMBS) an