SUO MOTO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This suo-motu proceeding in public interest was initiated on account of reports published in the Press on 2/9/2017 with respect to the death of 90 infants in the M.G. Government Hospital at Banswara. Thereafter, a series of orders- the most significant being orders dtd. 7/9/2017, 24/4/2018 and 22/4/2019 were made issuing a series of directions. The record also discloses that the Court had appointed amicus curiae, who was requested to visit the concerned hospitals/medical facilities and prepare reports. The orders of this Court dtd. 15/2/2019, 21/2/2019, 12/3/2019 and 9/4/2019 show that high level officials of the Department of Medical and Health, Government of Rajasthan were required to be present in Court.

(2.) The written submissions filed by the amicus listed some of the major reasons for the failure to provide timely and adequate medical relief, which resulted in the death of over 90 infants at Banswara including woeful lack of doctors and other medical staff, lack of adequate and proper infrastructure, improper discharge of duties, lack of medical and nutritional facilities and low level of public awareness etc. The amicus also drew attention to the newspaper report in Rajasthan Patrika dtd. 31/1/2019 again reporting that there were 5 infant deaths in Udaipur district each day. Another report (dtd. 10/2/2019) published by Dainik Bhaskar mentioned about a sting operation which was continuously carried out for 28 days in 13 districts and 92 labour rooms in places such as Ajmer, Jaipur, Bhilwara, Rajsamand, Udaipur, Dungarpur, Banswara, Pratapgarh, Chittorgarh, Dausa, Karoli, Sawaimadhopur and Tonk, highlighting serious lack of medical facilities and even practices such as deliveries conducted by cleaning/labour staff, (in the absence of doctors and nurses) and in some instances, failure of nurses to discharge duties, lack of medical and staff facilities etc.

(3.) Pursuant to an order, the amicus carried out surprise inspection, one such being in Banswara on 28/6/2019; the amicus was accompanied by the Secretary, Legal Services Authority, Banswwra and the Chief Judicial Magistrate. The amicus' report highlights inter-alia that Banswara is a Tribal Sub Plan area populated by Tribals and SC/ST category individuals and that one major cause of deaths and high infant mortality rate is lack of education and awareness among the general public.