A public interest litigation has been filed before the Supreme Court seeking directions to declare the Baiga-dominated Birsa and Baihar blocks of Madhya Pradesh's Balaghat district an epidemic-prone area under the Epidemic Diseases Act, 1897, following deaths of over 30 tribal children due to measles-rubella and severe malnutrition.

A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana today issued notice to the Union, the State, NHRC and other official respondents on the plea after hearing Advocate Varun Thakur for the petitioner.

The petition alleges that administrative negligence, inadequate healthcare facilities, malnutrition and a failure to ensure timely immunisation contributed to the deaths of children in remote tribal settlements. It seeks compensation for affected families, the provision of safe drinking water and nutritious food, and implementation of government welfare schemes for the tribal community.

“Despite robust statutory frameworks specifically designed to protect their habitat and existence, the State apparatus has manifested a colossal systemic failure, allowing a treatable viral infection to decimate an already fragile population. Despite explicit, written warnings submitted to the district administration and public representatives as early as January 2026, the State apparatus remained in a bureaucratic slumber”, the plea states.

More than 35 children belonging to the Particularly Vulnerable Tribal Group (PVTG) have reportedly died in the affected areas following an outbreak of measles-rubella and severe malnutrition. The petition alleges that the administration failed to undertake adequate disease surveillance, provide essential medicines and deploy medical teams despite being alerted to the situation.

The petition also challenges an order issued by the Additional District Magistrate of Balaghat on September 3 under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prohibiting citizens, journalists and healthcare workers from photographing, recording videos or reels, or publishing information about conditions inside public offices and health facilities on social media.

The petition contends that the restriction is meant to suppress evidence of administrative failures and infringes the constitutional right to freedom of speech and expression. Notably, the Balaghat administration withdrew the September 3 order within hours of issuing it, stating that it had been issued in haste and was not intended to prevent media coverage.

According to the petition, the affected Baiga settlements are situated in remote forest areas, with some villages located 35 to 40 kilometres from community health centres. The petition claims that the absence of adequate transport, trained healthcare personnel, diagnostic facilities and emergency referral services left families dependent on unqualified practitioners or traditional treatment.

The petition contends that in December 2025, community workers discovered children suffering from acute fever, skin rashes, respiratory distress and severe physical wasting during a winter camp in the region. It claims that a written representation submitted on January 4, 2026, to the Member of Parliament of the Balaghat-Seoni Constituency warned of a rapidly spreading paediatric epidemic and sought urgent deployment of medical specialists, paediatricians and mobile health teams.

However, the petition submits, subsequent health camps in January and February 2026 were conducted without adequate disease surveillance, serological testing, epidemiological tracking or viral swabbing. The petition further claims that monitoring activities ceased after February, leaving the affected population without an effective response to the outbreak.

The first death cited in the petition was of a five-year-old child, Ruhi Paraste, who allegedly died on May 18, 2026, in Village Matla, Birsa block, after suffering from prolonged fever, severe rash and untreated respiratory distress. The petition states that deaths were subsequently reported in villages including Bondari, Machhuldha, Kondekasa, Korak, Kotbir Kona, Gatiya and Tenduhahi.

The petition states that the deaths are due to a combination of measles-rubella infection and severe acute malnutrition. It contends that inadequate vaccination coverage, nutritional deficiencies and delayed medical intervention increased the vulnerability of children to otherwise preventable infections.

The plea also refers to the alleged discontinuation of supplementary nutritional meal deliveries to tribal infants and the restriction of joint-family households to single-member rations, which it claims aggravated childhood malnutrition. It further alleges that take-home rations for children below six years had been discontinued in the region.

The petition contends that these failures violated the constitutional guarantees under Articles 14 and 21, the State's obligations towards children under Article 39(f), and the directive under Article 47 to improve nutrition and public health.

The petition alleges that the government failed to utilise existing welfare mechanisms meant to protect Particularly Vulnerable Tribal Groups, despite the availability of dedicated programmes and funding.

The plea refers to the Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN), the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan and the District Mineral Foundation (DMF) fund established under the Mines and Minerals (Development and Regulation) Act, 1957.

It contends that Balaghat district generates substantial revenue from mining but the resources earmarked for healthcare, nutrition and other essential services in mining-affected tribal areas have not adequately reached the intended beneficiaries.

The petition also refers to the District Survey Report approved in April 2022, which documented extensive mineral exploitation in the district. It argues that the failure to deploy available resources for child healthcare and nutrition constitutes a breach of the statutory and administrative obligations attached to these schemes.

The plea further contends that investigations into the diversion of food grains meant for vulnerable children revealed irregularities involving public distribution system supplies. It refers to two FIRs concerning alleged irregularities in the supply chain.

The petitioner has sought directions to the Director General of Police, Madhya Pradesh, to register an FIR and investigate the alleged negligence, dereliction of duty and criminal apathy of public officials and private entities responsible for the outbreak and deaths.

The plea also seeks a declaration that the affected region is an epidemic-prone area under the Epidemic Diseases Act. It seeks provision of 10 litres of potable drinking water per person per day and nutritious food to affected families as well as implementation of applicable tribal welfare, immunisation and nutrition schemes.

The petition also seeks appropriate directions for accountability and systemic corrective measures to prevent further deaths among children in the affected tribal communities.

The Madhya Pradesh High Court recently sought the State government's response to another public interest litigation concerning the deaths of Baiga children and alleged deficiencies in healthcare and nutrition in the affected villages.