Thread by @fpjindia

#BombayHighCourt bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni is hearing a decade old PIL highlighting deaths of children, pregnant and lactating women owing to malnutrition in tribal belt of #Maharashtra especially #Melghat

Advocate General Ashutosh Kumbhakoni for @CMOMaharashtra has appeared today after the bench slammed the state govt in a previous hearing. He is reading from the state's latest affidavit which lists measures taken for betterment of tribal communities in these areas.

#BombayHC

CJ: Mr AG, we want to know if the deaths have taken place?
AG: Yes. That's correct.
CJ: Then what's the use of all these measures? Aren't these schemes only on paper? Don't we have value for human life?

#BombayHighCourt

AG: State Infant Mortality rate has come down. In Melghat, the child deaths have come down from 407 deaths in to 2016-17 to 203 in 2020-21.

He is again reading from affidavit abt measures taken to control infant deaths in the belt.

#BombayHighCourt

Rajdenra Burma, activist, who filed the petition says - From August 31 till today there have been 40 deaths Milords. There are 24 still births in this area.

Highlights the shortage of Gynaecologists, Pediatricians, Physicians, Radiologists etc.

#BombayHighCourt

Burma: There is a huge difference between what is being said in the affidavit and the ground reality.

Judges are discussing something among themselves.

#BombayHighCourt

J Kulkarni: Mr AG, does your affidavit record the 40 deaths ?

Adv Gilda for another petitioner informs the bench that the state's affidavit shows that from August 31 till September 8, there have been only eight deaths of children.

Urges the bench to even focus on #Palghar apart from #Melghat. "Officials show most deaths due to Pneumonia...

... Diarrhea etc. But the actual deaths are because of malnutrition," Gilda tells the bench.

He is now drawing the bench's attention to orders of J Dalvir Bhandari & Y Chandrachud's bench. "That bench in 1993 had said each death will have to be reported. But that isn't done."

Gilda: PM @narendramodi had launched the #PoshanAbhiyan in 2017. The funds were 60:40 in ratio. But till now state has used only 24 per cent in last three years.

CJ: See the medical officers in areas like #Gondia, #Gadchiroli and compare it with #Pune & #Nagpur

CJ: In Pune, sanctioned posts are 22, they have filled 21. In Nagpur 12 sanctioned posts are full. But in Gondia only 25 of 53 posts are filled and in Gadchiroli only 27 of 58.

AG: Milords. It isn't that we aren't appointing doctors. The ones appointed aren't reporting to work

CJ: Then punish them. Or give them some incentives. You cannot be reading this Yojana that Yojana in front of us. Your focus should be on controlling the deaths of children. 40 children dying in a month along with 24 still born. This isn't disheartening.

#BombayHighCourt

AG Kumbhakoni complains that the petitioners Burma etc usually don't allow him to complete reading the affidavit and come up with new issues on every hearing. He starts reading but again Burma points out certain anomalies in the affidavit.
AG: Milords. See this. I am not allowed

CJ: Mr AG, you will have to understand this sentiment. He (Burma) is working on field and would obviously be speaking that in front of us.

AG: Please don't misunderstand me Milords. We have never taken this as an adverse PIL.

#BombayHighCourt

CJ: We want to know how many Pediatricians, Physicians, Gynaecologists etc have been appointed after our previous orders.

Adv Uday Warunjikar for another petitioner, highlights that the deaths increase during monsoon every year.

The bench is rising for lunch break....

Will continue after the break.

Meanwhile, an advocate mentions his PIL over bad quality of #Mumbai_Goa highway. Chief Justice Datta pulls him up, says, "We understand bad quality road but do you seriously think your matter is urgent than this one?"

Bench goes for lunch

Hearing resumes.

AG: I have received point wise issues. Will deal with them on next date. They seek Sick New Born Care Unit but I can't promise that it would be available overnight.

CJ: At least, start working for that unit.

CJ: Apart from all these specialist doctors, there should be a nutritionist as s/he may be able to take care of the meals of the sick children. Also, tell your dept that just because it is #Gondia & #Gadchiroli medical officers won't go there. Even judicial officers are there.

AG: We are already paying higher salaries to these medical officers yet they don't want to go.

CJ: Consider having volunteers, who can visit door-to-door in these areas to know the ground reality.

Now Adv Gilda points out November 2018 orders passed by Justice Abhay Oka, which concerned with non reaching of the funds by both Union & Maharashtra government to the tribal people.

Gilda: But since then Union govt hasn't responding to this issue at all.

CJ: Find out if there has been an audit of Union govt's funds as to how much were released and how utilised etc.

We will discuss this issue in the next hearing.

Stand Over to Monday

#BombayHighCouet