IMPORTANT POINT
The judgment establishes the obligation of the state to preserve the right to life and health, and emphasizes the need for effective implementation of welfare schemes to reduce infant and maternal mortality.

ORDER :

“Sarve Bhavantu Sukhinah

Sarve Santu Niramayah

Sarve Bhadrani Pashayantu

Maa Kaschiddukhbhag Bharete”

It is believed worldwide that the above verse belongs to Brihadaranyaka Upanishad. The above Shaloka means:-

May all be prosperous and happy,

May all be free from infirmities and illness.

May all see good,

May no one suffer in any way.

But the above verse of Upanishad has been grossly violated in this case. The instant case is a classic example of death of humanity on the part of the erring officials of the respondents.

1. A heart breaking, nerve cracking, conscious shocking and society rocking, tragic, pathetic incident occurred when the welfare State and the Union of India failed to discharge their duties and the petitioner was forced to deliver twin children in the middle of the road in the market on 07.04.2016 and due to reckless and negligent behaviour of the officials of the staff posted at the Community Health Centre (for short “the CHC”) at Khedli, District Alwar, the newly born twin children lost their life in absence of required urgent medical attention. This incident shows death of humanity.

2. On the fateful day i.e. on 07.04.2016, the petitioner suffered labour pain and she was taken to the CHC, Khedli. The staff posted there asked her about the ‘MAMTA Card’ for providing treatment to her but in absence of the same, the treatment was not provided to her. Only certain medicines were prescribed on a paper and that too was not provided to her at the CHC. Under these compelling circumstances, husband of the petitioner brought the medicines from the shop situated outside the CHC. In the meantime, labour pain of the petitioner was increased and no one provided her the required medical attention, hence, the petitioner had to leave the premises of the CHC. In absence of any transport facility, the pregnant petitioner had to walk towards bus stop and while crossing the road, the pain of the petitioner became unbearable & intolerable and she delivered twin children in the middle of the road in the market at around 11:30 AM. Upon seeing the heart breaking incident, the women present nearby gathered there and covered the whole tragic scene by sarees, dupattas and bed-sheets. Immediately, thereafter the petitioner and her newly born twin children were taken to the CHC, Khedli but looking to their critical condition, they were referred to the higher centre i.e. Mahila Zanana Hospital, Bharatpur. One child died on the way to the hospital and another child was admitted to the hospital but a huge amount of money was demanded from the family members of the petitioner, which they could not be able to arrange and around 11:00 PM the second child of the petitioner also died for want of medical attention and required treatment.

3. In spite of having several schemes like Janani Suraksha Yojna (JSY), Pradhan Mantari Surakshit Matritva Abhiyan (PMSMA) and Janani Shishu Suraksha Karyakaram (JSSK), etc., the petitioner did not get free treatment, medicines and unfortunately she lost her newly born twin children due to grave negligent act of the respondents. Hence, under these circumstances, the petitioner has been compelled to knock the doors of this Court by way of filing this writ petition, invoking the extra-ordinary jurisdiction of this Court, contained under Article 226 of the Constitution of India, with the following prayer:-

“It is therefore, most humbly and respectfully prayed that Hon’ble Court may kindly be pleased to call for the entire record pertaining to the case and further be pleased:-

1. By issuing an appropriate writ, order or direction in the nature thereof directing the Respondents to ensure effective implementation of the Janani Shishu Suraksha Karyakaram (JSSK) and Janani Suraksha Yojana (JSY) as also ensure safe institutional deliveries because due to untimely medical attention petitioner had to deliver her twins on ro