8 years after death of twins born on road, Rajasthan HC orders Rs 4 lakh compensation to parents

On April 7, 2016, Phoolmati, wife of Avdhesh, was working at a brick kiln when she started getting labour pains. She was subsequently rushed to the CHC, where the staff asked if she was carrying the Mamta Card, under which women giving birth can claim financial assistance. She, however, was not carrying the card, and was denied treatment at the CHC.

With her pain increasing, Phoolmati and her husband began walking to a nearby bus stop. The pain continued to get worse, and eventually, she gave birth on the road.

The newborn twins were then taken to the CHC, from where they were referred to the Mahila Zanana Hospital in Bharatpur due to their critical condition. One child died on the way to the hospital and the other died at the hospital.

Listing the different schemes available for the welfare of pregnant women and newborns, the High Court said in its order, “Despite that (the existence of various schemes), the respondents have miserably failed to discharge their duties in providing the benefits of these schemes to the petitioner and her newly born infants. On account of gross and unwarranted act of the officials of the respondents, the petitioner has been made to suffer and she has lost her two newly born babies.”

The schemes listed by the court were Janani Suraksha Yojna, Pradhan Mantri Surakshit Matritva Abhiyan, Pradhan Mantri Matru Vandhana Yojna, Janani Shishu Suraksha Karyakram, and Indira Gandhi Matritva Poshan Yojna.

The respondents included the Centre and the state government. They were asked to pay compensation of Rs 4 lakh to the couple by way of depositing the same in a fixed deposit, and giving the quarterly interest accrued to them.

The Centre and the state were also ordered to constitute a joint high-powered committee to rectify the shortcomings in the schemes highlighted by the court, including proper advertisements of the schemes, increasing the cash amount given, and taking effective steps for the amount to reach the beneficiaries.