RAJENDRA SADANAND BURMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) It has been 14 years since this Public Interest Litigation was instituted. The writ petition raised a concern of seminal importance. Such concern, it is reported, has shown its ugly head in recent times once again.

(2.) The petitioners, who are doctors, by instituting the writ petition, invited the Court's attention to death of children in the age group of 0 to 6 years in the tribal dominated areas of Chikhaldara, Dharni Taluka of Amravati District owing to malnutrition and prayed for ameliorative steps to be taken to prevent such unfortunate death decades after the nation attained independence.

(3.) Mr.Gilda, learned senior advocate appearing for the petitioners and the respondent no.7, appearing in-person, contend that despite lapse of 14 years since the institution of this writ petition, there has not been much headway in securing the physical and mental growth of tribal children of the aforesaid area. Between April and July, 2021, more than 70 children in the age group of 0 to 6 years have passed away either due to malnutrition and/or lack of medical facilities. They further contend that in the absence of requisite medical and health care facilities, together with appropriate medical personnel, there is an imminent need of posting of gynaecologists, paediatricians and other specialist doctors for preserving and protecting the younger generation of the tribal population. It is further contended that since the tribal villages are at a far away distance from the nearest district hospitals, there is an imperative need to set up hospitals/health centres with appropriate facilities. According to them, death of tribal children due to malnutrition is not now confined to the aforesaid area but in other tribal dominated areas in Maharashtra too there have been similar deaths. They contend that a core committee which was set up by an order dated July 9, 2013 to monitor and oversee that such unfortunate incidents do not recur is largely non- functional and ineffective. Finally, it is also contended that there ought to be appropriate audit of the central funds that were released from time to time for the benefit of the tribal population.