JUDGMENT

Hon’ble Sudhir Agarwal, J.—The writ petition No. 14588 of 2009 (hereinafter referred to as “First Petition”) under Article 226 of the Constitution of India, has been filed as a Public Interest Litigation, highlighting pathetic conditions of medical services in State of U.P., with special reference to personal experience of petitioner-1, a working woman labour getting a traumatic handling of maternity services in the hospitals maintained by State of Uttar Pradesh including hospitals of Medical Colleges and Medical University.

2. Petitioner-2, a Non-Government Organization (hereinafter referred to as “NGO”) is registered as a Society under the provisions of Society Registration Act, 1860 (hereinafter referred to as “Act, 1860”), working in the State of Uttar Pradesh and Uttaranchal, for welfare of women and children and their health. Similarly, petitioner-3 is a network of various organizations taking care of health conditions and medical services in State of U.P., though an unregistered body.

3. Illustrative case brought forth before Court is that petitioner-1, Sneh Lata Singh w/o Kamal Singh, felt labour pain on 13.2.2007 and at 5 AM was taken to Purkaji Public Health Centre (hereinafter referred to as “Purkaji PHC”), a Village Panchayat Level Medical Health Care Centre established and maintained by State Government. She went on the advice of Ms. Geeta Sharma, Auxiliary Nurse Midwife (for short “ANM”) who told petitioner-1 to go for treatment at Government Medical Health Care Centre where she would get an incentive of Rs.1400/- under Janani Suraksha Yojna (hereinafter referred to as “JSY”), a Scheme launched by Central Government with an objective to encourage Institutional delivery. The aforesaid ANM at Purkaji PHC asked petitioner-1’s husband Kamal Singh to buy an injection and glucose bottle, which he bought. Thereafter glucose was administered to petitioner-1. At 10 AM she gave birth to a baby girl. No other person except the aforesaid ANM was present in Purkaji PHC on the said fateful day i.e. 13.2.2007. Ms. Geeta Sharma, ANM, demanded Rs.450/- for getting delivery performed at Purkaji PHC. Though demand was apparently illegal but petitioner-1’s husband went to Sri Shakarpur Medha, owner of brick kiln, where he was working, borrowed Rs.250/- and gave that money to Ms. Geeta Singh (ANM). Only thereafter petitioner-1 was discharged by the aforesaid ANM.

4. While returning home, petitioner-1 realized continuous discharge of urine. She was surprised since it was her sixth delivery and in past she never had such complication. Urine discharge continued, whereupon petitioner-1 visited Purkaji PHC on 17.2.2007 accompanied by her husband, and met Dr. J.P. Tyagi. He told that continuous discharge of urine is not a big problem. He advised some medicines, stating that it will give relief. However, problem of continuous urine discharge persisted. Petitioner-1 and her husband again went to Purkaji PHC. This time they met Doctor J.P. Tyagi and Ms. Geeta Sharma. Another Doctor Ojha was also present. He advised petitioner-1 some other medicines and assured that this time she would have relief. Dr. Tyagi and Dr. Ojha simultaneously told petitioner-1 and her husband that treatment in Purkaji PHC would be same and it is advisable to go to some private hospital for treatment. Since problem continued, Petitioner-1 alongwith her husband went to Laksar Hospital in District Haridwar. There she was admitted for six days and treated for infection with antibiotic medicines. Hospital’s prescription dated 10.3.2007 is on record and refers to following medicines:

“Injection Gentamicin 80 ml (6)

Tablet Loxof 500mg x 2 (4)

Tablet Ramisper x 2 (4)

Tablet Dipsodiag, one at night (2)

Food use in liquid

Tab. Lasilactone (½ in morning)”

5. Petitioner-1’s problem still persisted. Thereupon her husband brought her to a Private Hospital namely Agarwal Medical Centre, (Pappu Nursing Home), Laksar District-Haridwar. Here she remained admitted for 3 days a

Click Here to Read the rest of this document