#BombayHighCourt bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni hearing a decade old PIL pertaining to the deaths of children, pregnant, lactating mothers in #Melghat region of #Maharashtra due to malnutrition.
CJ is informed that from September 13 till date there are over seven plus deaths of children in #Chikhaldhara and #Dharni areas, which are tribal regions.
Advocate General Ashutosh Kumbhakoni for @CMOMaharashtra submits an affidavit before the bench. Says that meetings have been conducted to appoint officials to implement all the schemes and policies at the ground level.
Adv Uday Warunjikar for one of the petitioners, tells the bench that he along with activist Rajendra Burma, the main petitioner aren't served with affidavit copies.
CJ tells AG to hand over affidavit copies to all parties and that the matter would be taken up after lunch break.
Matter to be heard after lunch break.
Hearing resumes.
Adv Neha Bhide for the state informs the court that the affidavit was served to Adv Uday Warunjikar's junior on September 17.
Adv Warunjikar says he has no issues.
CJ: Both have a cup of coffee outside the court and resolve the issue.
AG: No one can justify any single death, less a child's death due to malnutrition.
State cannot take steps to bring them in mainstream by obliterating them from their lifestyle. Tribals are very orthodox people they won't change their lifestyle or tradition.
AG: There are early marriages. The tribals are thin by their very nature, none of them are fat. Girls due to early marriages get pregnant and then give birth to four to five children. This affects their body. Obvious impact on the child as well as the mother.
AG: Another issue is, as soon as someone falls ill in this community, they go to a #Tantrik and not a #Doctor.
We have a scheme wherein we pay Rs 200 to such Tantriks, on every patient they bring to the hospital.
AG: Problem is that officials want the #Tribals not to leave their culture, tradition, lifestyle but also bring them in the mainstream. We want to educate them on health and other aspects without disturbing their traditions.
Petitioner and activist Rajendra Burma tells the bench that all what the AG has said till now was said much before this in 1993 when a significant order was passed then. Problem is schemes aren't reaching on the field despite CM, Ministers, Judges etc visiting these areas.
Burma: From 1993 till today more than 11,000 children have died. The state must review the existing programs/schemes. The schemes provide for Rs 20 per meal for underweight children. Can we guess what food would be given for this minimal amount?
Burma: There are male Daayis (Helps in delivering a child at home). These male Daayis need to be trained and kits be given to them as there is no proper connectivity between villages and hospitals. At least this will help that if child is delivered at home, it would be safe
Senior Adv Gilda for another petitioner points out that till date only 24 per cent of funds allocated, have been used.
Monsoon months are very critical in these areas. Total of 47 villages are inaccessible, which makes it difficult for them to reach to the hospitals.
Gilda: The Union govt is sitting tight on various schemes from last 15 years. Why can't the schemes be audited? Deaths have been taking place since 28 years.
CJ: Let whatever they have said today, be implemented.
CJ: Mr AG, you need to first focus on deaths now. You need to stop all these deaths and once the deaths stop, you need to bring them in mainstream in regards to health. They cannot be left to go to the #Tantriks for curing themselves. This will be gradual but it has to be there.
Adv Warunjikar: As pointed out earlier, deaths have been taking place especially during monsoon season. They need to do something for controlling deaths during these months.
Gilda: From 1993 children are dying Milords.
CJ: Let's not go back to 1993. All we need to do is...
...Save the children from these areas. We aren't disposing this matter and would hear it twice a month. Our effort has to be to protect children.
Warunjikar: Other issue is of language barrier. These people don't understand #Hindi or #English. Thus we need to work on this too.
CJ: Okay, so now we will pass orders. Matter to be heard after 15 days.
Hearing ends.
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