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Court says denial on ground of not producing a BPL card frustrates the objectives of healthcare schemes; orders compensation for victims
* On January 28,Shanti Devi,35,a Scheduled Caste woman,died minutes after giving birth to a pre-mature girl. She had not eaten properly for three days prior to her delivery. Besides,she delivered the child at home,helped by a neighbour. She left behind two sons,aged six and eight,and the girl. Devi had had a brush with death earlier as well. Two years ago,Devis 32-week-old pregnancy was terminated when the fetus died in her womb. To get emegercy medical care,she was forced to approach four different hospitals in five days.
* Fatema,24,an impoverished illiterate woman,was forced to give birth under a tree,in full public view at a crowded Nizamuddin locality on May 29,2009. Deserted by her husband after she became pregnant,Fatema had gone into labour in a critical condition compounded by epileptic fits. Her mother,Jaitun,had approached a maternity home run by the Municipal Corporation of Delhi in Jangpura,but was turned away.
These are just two tales of failure of government healthcare programmes and denial of womens reproductive rights in states like Delhi and Haryana. The issue,however,runs deeper.
Shocked at the lapse,the Delhi High Court has ordered the Centre and the governments of Delhi and Haryana to ensure proper implementation of schemes meant to prevent maternal and infant mortality rate and also put in place a system to review the schemes.
The schemes in question are National Maternity Benefit Scheme (NMBS),Integrated Child Development Scheme (ICDS),Janani Soraksha Yojana (JSY),Antodaya Anna Yojana (AAY) and National Rural Health Mission (NRHM).
Directing the Delhi government to pay compensation to Fatema and Shanti Devis family,Justice S Muralidhar said the policies were drafted to ensure that more people have access to minimal healthcare and a denial on the ground of not producing a BPL card,frustrates their objectives.
When it comes to public health,no woman,more so a pregnant woman,should be denied the facility of treatment at any stage irrespective of her social and economic background. This is the primary function in the public health services, the court held.
Adjudicating the two PILs filed on their behalf by Senior Advocate Colin Gonsalves and advocate Divya Jyoti Jaipuriar,the court said to ensure benefits reach the poor,Special Cells should be set up by the state and Central government for constant review and monitoring of the schemes that have hundreds of crore of rupees as budgetary allocation.
The court said there must be an identified place that a pregnant woman can approach to get the benefits under the schemes.
Justice Muralidhar has asked the Delhi government to pay Rs 2.4 lakh in compensation to Devis family and Rs 50,000 to Fatema. The government has also been directed to provide scholarships for the children. The authorities have been asked to submit a compliance report in eight weeks.
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