Hearing two cases of Reproductive Rights violations, advocated by the Human Rights Law Network - Laxmi Mandal v NCT Delhi & Ors W.P. (c) 8853/2008, the victim Shanti Devi, a scheduled caste woman, living below the poverty line, was denied her reproductive rights and tragically lost her life minutes after she gave birth to a premature newborn; and in Jatuin v MCD Maternity Home MCD & Ors 10700/2009 involving a poor, homeless, young woman, after being denied emergency obstetric care was forced to publicly deliver her newborn child under a tree, minutes from India gate.
''The broad issues in these petitions are concerned with the reproductive rights of health as well as the rights of the newly born free treatment and care in government medical facilities essentially on the ground that they are persons below the poverty line. From what has transpired in these cases thus far it is plain that there are some schemes formulated by both the Government of the National Capital Territory of Delhi ('GNCTD') as well as the Central Government to address the issues. However, there appear to be no operation guidelines issued that can actually facilitate the accessing of free medical care by expectant mothers and the newly born babies, belonging to the below the poverty line category.
These petitions also raise a larger question as to the question as to the availability of free treatment and care anywhere in the country where these persons may be compelled to move due to some reason or the other. In other words, the Union of India will have to come out with a set of instruction,
in co-ordination with GNCTD in the instant care, to ensure that the entitlements to free medical treatment and care of persons below the poverty line is not denied merely on account of their having to move away.'' Said Justice S Muralidhar
Justice Muralidhar further directed the highly esteemed Doctor Prakasamma, Executive Director of the Academy of Nursing Studies and Women's Empowerment Research Studies to conduct a 'maternal audit with respect to the death of Shanti Devi. 'The remit of Dr M. Prakasamma will include examining the circumstances under which initially Shanti Devi, when she was admitted to Sanjay Gandhi Hospital (Delhi) on 19th November 2008, was found to be carrying a dead foetus and the events subsequent.'
For further information, please contact Jameen Kaur jameen.kaur@hrln.org
HRLN website www.hrln.org
Photos attached:
No. 44 Kishan Mandal husband of Shanti Devi (maternal death) with his premature newborn daughter
Photo No. 61 Fatima with her daughter, (delivery under a public tree in May 2009).
Newborn only hours after her birth being held by her brother aged, 12 years old.
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