• Compensation modifed in maternal rights violation case
• Rs 2 lakh addition as ‘caution’ to State authorities
Morung Express news
Kohima | June 14
The Gauhati High Court, Kohima Bench has called for a ‘concerted effort’ from those in authority to ensure improved healthcare infrastructure for the poor and underprivileged in the State of Nagaland.
The Court cited this in a proceeding regarding a maternal rights violation case where the State government and concerned department were earlier directed by a Single Judge on November 15, 2019 to pay Rs 25 lakh as exemplary compensation after a woman in Mon district’s Monyakshu village passed away during child birth while traversing 130 kms to the district hospital.
After the State government appealed, the Gauhati High Court, Kohima Bench comprising of Justice Kotiswar Singh and Justice S Hukato Swu in their judgement on May 25, 2021 stated that the earlier order awarding compensation of Rs 25 lakh was on the higher side and subsequently modified it to Rs 3 lakh. However, it noted that the matter has drawn its attention to question the basic health infrastructure facilities in villages and interior areas.
As such, the Court raised the compensation to Rs 5 lakh by awarding an additional Rs 2 lakh to ‘alert and caution the State authorities to improve health infrastructure in villages or interior areas of the State.’
Justice Kotiswar Singh and Justice S Hukato Swu while disposing the appeal matter warned the State to let the “unfortunate death act as a clarion call for improving the health care infrastructure in the interior areas of the State of Nagaland.”
“Let there be concerted efforts by those in the authority to improve the healthcare infrastructure so that the poor and underprivileged villagers will have easy access to basic healthcare facilities. Or else, the State would continue to be burdened with similar compensation if there be no improvement and the plea of the Appellant State that it would lead to flood gate of similar pleas would be of no avail,” the Court said.
It also stated that in case of any compensatory scheme framed by the State Government in this regard for the death of a person, the kith and kin of the deceased woman will be entitled to such compensation also in addition to the amount awarded by this Court.
On the observation that the amount of Rs 25 lakh was on a higher side, the judgment of the bench after hearing and observing the previous order said, “the circumstances of the case as revealed from records, apart from the general lack of medical facility available in the village sub-centre, which compelled the pregnant woman to seek medical assistance in a faraway place, there is no material on record to show gross negligence, ineptitude, capricious act on the part of the healthcare workers and the health centre which could have directly led to the death of the petitioner’s mother.”
It however added that it is not by way of complete compensation for the loss caused but primarily as a “palliative to make the right to life meaningful.”
The Court also said that the amount awarded towards cost of litigation of Rs 15,000 and under the NFB Scheme of Rs 20,000 will remain unchanged and undisturbed.
In light of certain issues observed by the single judge court, it also directed the State government for effective implementation of health schemes, more particularly implementation of ‘Janani-Shishu Suraksha Karyakram (JSSK)’ scheme as well as the Indian Public Health Standards (IPHS) Guidelines Revised in 2012 for the sub-centres.
The Court further asked the Human Rights Law Network (HRLN), the NGO which earlier filed the petition to study the present conditions of the healthcare system prevailing in the village sub-centre and submit a detailed report with necessary recommendations which will be taken up as a ‘suo motu petition’ by the Court for passing appropriate orders, further asking the Nagaland State Legal Services Authority to render necessary assistance.
