Are You Framing National Health Policy Or Not: SC Asks Centre [Read Judgment]

The court observed that treating a national programme as a public health issue has to stop and somebody must take ownership of the Population Control and Family Planning programme.On a public interest litigation filed by prominent health right activist Devika Biswas, the Supreme Court has issued certain directions to the Centre and states in the matter of implementation of sterilisation programme across the country.Coming down heavily on the Union of India for ‘passing the buck’ on states, the court observed that treating a national programme as a public health issue has to stop and somebody must take ownership of the Population Control and Family Planning programme.Taking note of the fact that India does not yet have a national health policy in place, the Bench comprising Justice Madan B Lokur and Justice Uday Umesh Lalit also directed the Centre to take a decision on or before 31 December, 2016, on whether it would like to frame a National Health Policy or not.Disposing of the PIL, the court issued following supplementary directives: The state-wise, district-wise or region-wise panel of doctors, approved for carrying out the sterilisation procedure, must be accessible through the website of the Ministry of Health and Family Welfare of the Government of India as well the corresponding Ministry or Department of each state government and each union territory. The list should contain all necessary particulars of each doctor and not merely the name and designation. This exercise should be completed on or before 31 December, 2016, and thereafter the list will be updated every quarter i.e. by 31 March, 30 June, 30 September and 31 December of every year. The contents of the checklist prepared pursuant to the directions given in Ramakant Rai (I) should be explained to the proposed patient in a language that he or she understands and the proposed patient should also be explained the impact and consequences of the sterilisation procedure. This can be achieved by (a) ensuring that the checklist is in the local language of the state; (b) it should contain a certificate duly signed by the doctor concerned that the proposed patient has been explained the contents of the checklist and has understood its contents as well as the impact and consequences of the sterilisation procedure; (c) in addition to the certificate given by the doctor, the checklist must also contain a certificate given by a trained counselor (who may or may not be an ASHA worker) to the same effect as the certificate given by the doctor. This will ensure that the proposed patient has given an informed consent for undergoing the sterilisation procedure and not an incentivised consent. Sufficient breathing time of about an hour or so should be given to a proposed patient so that in the event he or she has a second thought, time is available for a change of mind. The checklist prepared pursuant to the direction given in Ramakant Rai (I) with the aforesaid modifications should be prepared in the local or regional language on or before 31 December, 2016. The Quality Assurance Committee (QAC) as well as the District Quality Assurance Committee (DQAC) have been set up in every state and district in terms of the directions given in Ramakant Rai (I). However, it is only the designation of its members that has been made available. The details and necessary particulars of each member of the QAC and DQAC should be accessible from the website of the Ministry of Health and Family Welfare of the Government of India as well the corresponding Ministry or Department of each state government and each union territory on or before 31 December, 2016, and thereafter, updated every quarter. In addition to the six monthly reports required to be published by the QAC containing of the number of persons sterilised as well as the number of deaths or complications arising out of the sterilisation procedure, as already directed in Ramakant Rai (I), the QAC must publish an annual report (on the website of the Ministry of Health and Family Welfare of the Government of India as well the corresponding Ministry or Department of each State Government and each Union Territory) containing not only the statistical information as earlier directed, but also non-statistical information in the form of a report card indicating the meetings held, decisions taken, work done and the achievements of the year etc. This will have a significant monitoring and supervisory impact on the sterilisation programme and will also ensure the active involvement of all the members of the QAC and the DQAC. The first such annual report covering the calendar year 2016 should be published on the websites mentioned above on or before 31 March, 2017. As many as 363 deaths took place due to sterilisation procedures during 2010-2013. This is a high figure. During this period, more than Rs 50 crore has been disbursed towards compensation in cases of death. Apart from steps taken by Bihar and Chhattisgarh during the...

Are You Framing National Health Policy Or Not: SC Asks Centre [Read Judgment]

Ashok KM

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