'No Baby Should Die': Bombay High Court Slams Maharashtra Govt Over Continued Malnutrition Deaths In Tribal Areas

The Bombay High Court on Thursday observed that when the Maharashtra Government is able to spend crores on schemes like 'Ladki Bahin', but malnutrition continues to cause deaths among children, pregnant women and others in tribal regions like Melghat, the State must explain its conduct.

A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri noted that despite orders being passed by the High Court way back from 2007, the State has done 'too little' for the welfare of the tribals and has failed to stop the deaths in the region dues to malnutrition.

"In a progressive State like Maharashtra, after 78 years of independence, we are still talking about babies dying of malnutrition... This discussion about malnutrition itself is a defeat of the policies... People are dying, babies are dying... From 2007 onwards orders have been passed... yet babies continue to die... You cannot say that no earlier 20 babies were dying and today only 15 are dying. Not at all... this is not acceptable... You need to stop the deaths itself... No baby should die," Justice Ghuge remarked.

The judge added, "The fact that in 2026 issue of deaths of babies, pregnant women, lactating mothers after continuously passing of orders, after 25 years, speaks louder than words. It is a tragedy that this court has to hear submissions on deaths occurring due to malnutrition, lack of medication and lack of appropriate support to malnourished patients, pregnant women and lactating mothers."

The bench was hearing a PIL pending since 2007, which highlighted the multiple deaths of children, pregnant women and lactating mothers, owing to malnutrition. The bench was earlier informed that till date 38,000 babies have died in the region.

On a hearing conducted on Wednesday evening, senior advocate Jugalkishore Gilda appearing as Amicus Curiae in the case, had informed the judges that the State has been spending crores of money under the 'Ladki Bahin' scheme, meant for women, who get Rs 1,500 per month as a 'gift package.' However, the State was cutting the budget meant for the tribals, the senior counsel argued.

The senior advocate further pointed out that over Rs 148 crores are yet to be paid by the Government because of which the electricity supply and potable water supply to the tribal areas in Amravati and Nandurbar districts has been disturbed.

The hearing continued on Thursday evening, when again another party-in-person activist Poornima Upadhyay apprised the bench of the fact that the State has not yet paid around Rs 7 crores, towards the wages of the tribal people in Melghat under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme.

Further, Dr Ashish Satav, who runs a NGO in Melghat from last 20 years, informed the judges that the doctors there "contribute together to pay for purchasing the blood bags" from State-run blood banks. The doctor, too emphasised that the State instead of spending crores on Ladki Bahin by giving 'gift packages' to people not working at all, must focus on welfare of the tribal citizens.

Irked over this, a visibly enraged Justice Ghuge remarked, "Listen to them Mr Counsel... What they say is you have funds for schemes like Ladki Bahin but you are not paying the daily wage of tribals under the MGNREGA... Rightly Mr Gilda has been agitating that you are spending money on such schemes but not for the welfare of the tribal people... You owe an explanation to them... The State must explain this to them... As submitted by Mr Gilda, if you start spending on the welfare of tribals and stop the deaths of children, pregnant women, lactating mothers, adults etc only then people will discuss about your benevolent schemes."

The judges also questioned as to why the State was unable to declare when it would lay the foundation stone of a 300-bed hospital in Melghat's Dharni area, which was 'announced' at least two decades ago.

The State had on Wednesday, attempted to submit that steps are being taken for approval etc as initially it was supposed to be a 100-bed hospital but now 'upgraded' to 300-beds.

However, Justice Ghuge had then quipped, "But that upgradation has happened only on papers not in reality....Its strange that the announcement was done before I enrolled as an advocate... Now I have practiced for so many years, my judgeship is about to be completed in a year or two but the hospital is yet to come up."

The bench therefore ordered the State to come up with a proper plan as to how it plans to move ahead in this matter and also spell out as to how it proposed to accept the recommendations made by Dr Satav for the welfare of tribal people in terms of supply of nutritious food, provision of better medical facilities etc.

The matter has been adjourned till April 15 for further detailed hearing.