PILs & Cases

Denial of rations to BPL people denial of Right to Food, Right to Life: Delhi HC

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NEW DELHI: In another landmark interim order, Justice S Muralidhar of the Delhi High Court reinforced the need for increased delivery and oversight of life-saving food and maternal health entitlements to the vulnerable populations in the Nation’s Capital. The petition, Premlata w/o Ram Sagar & Ors. v. Govt. of NCT Delhi, W.P. Civ. 7687/2010, involves six destitute pregnant and lactating women who reside in Nangloi, a western slum of Delhi, and have been denied food rations and reproductive and child health benefits since at least August 2009. During the pendency of litigation, numerous issues were brought to the Court’s attention underlining serious problems with issuance and renewal of ration cards and delivery of health benefits under the Janani Suraksha Yojana (JSY) and National Maternity Benefit Scheme (NMBS). Petitioners also placed on record a copy of the Samajik Suvidha Sangam Survey commissioned by the Delhi Government showing that 55 percent of Delhi's poor and vulnerable populations remain “un-carded", i.e. without a ration card.

Delhi HC to govt: Demarcate 2 exclusive shelter homes for pregnant women in 7 days

PRESS RELEASE
New Delhi: 13/1/2011

Underscoring the significant life of a child as forming the “vertebra of a spine of the nation” and the role of the mother in “building the nation”, the Delhi High Court has issued a landmark order with far reaching implications on the care and protection of poor pregnant and lactating women in India.
Following submissions from Human Rights Law Network on behalf of the Amicus Curiae concerning the inadequate reliefs proposed by the Government to address the crisis faced by destitute pregnant and lactating women, the Honorable Court pronounced:

“It does not require solomons wisdom to say that the [Government’s] affidavit nowhere really focuses on the problem that has crept up. . .

Delhi HC recognises injustice against poor pregnant women in Public Distribution Scheme

New Delhi, Jan 6, 2011: Taking cognizance of the injustice embedded in India's Public Distribution Scheme, the Delhi High Court has asked the the Government of NCT Delhi to organise a "camp" where all aggrieved card holders may have their ration cards sorted and reauthorised within 10 days time.

The bench headed by Justice S Muralidhar further ordered the Asst. Food Commissioner to undertake an "intensive survey" of the Fair Price Shops (FPS) in the region and submit a status report of his findings.

Jatun v Maternity Home, MCD, Jangpura & Ors W.P. No. 10700/2009

This petition focuses on the serious denial of reproductive rights, right to health and the right to food which have impacted on the right to human dignity of a woman named Fatma, (24 year old), who homeless and lives under dire illiterate. On the 29.05.2009 Fatma was forced to deliver her child under a tree in full public view, whilst she was under-going serious fits and in a dangerously critical health situation, with no access to skilled health care and/or medical guidance.

Laxmi Mandal v NCT Delhi W.P No. 8853/2009

This case focuses on the violation of reproductive rights of a below the poverty line (BPL) woman, Shanti Devi who is of Scheduled Caste. This case highlights the humiliation and loss of human dignity of many poor women who seek emergency obstetric care. Shanti Devi was denied medical treatment from 4 different hospitals in Delhi, whilst she was carrying a 32 week dead fetus in her stomach, because she could not afford to pay the fees being demanded. One of the hospital’s involved is a private hospital which is bound by the Delhi Directives: which state that hospitals who receive land at concessionary prices must reserve 10% of their beds for the free treatment of BPLs. The private hospital demanded that in order to access treatment Shanti and her family deposit Rs 2.5 lakh.