Smti Lunem Simai Vs State of arunachal Pradesh and Others [WP(C) 387/2016] In The Gauhati High Court, Itanagar Permanent Bench. SYNOPSIS Smti Lunem Simai filed PIL for the interest and benefits of the pregnant women and others patients of Jairampur area under the district of Changlang Arunachal Pradesh who are incapable of accessing the schemes bestowed to them by the central government and State Govt. This petition is being filed for issuance of writ of mandamus directing the respondents to grand a sum of Rs. 10,000/- under the national food security Act, 2013 to the petitioner scheme and reimbursement of out of pocket expenses under JSSK. The petitioner is lactating mother and delivered a baby girl/boy on dated 10-12-2015. The petitioner had submitted a claim application/ representation under Sec 4(b) of national food security act before concerned authority for grant of Rs 10,000 for maternity benefit of lactating mother, however there is no response from the concern authority and the application/ representation submitted by the petitioner is lying before the authority. Status The writ petition stands disposed of in term of the said order dated 05.09.2016 passed in WP(c) 307 (AP) 2016. The petition shall be entitled to similar benefit as granted by this court on 05.09.2016 passed in WP(C) 307 (AP) 2016. The Child Development Project Officer (CDPO, in short) will examine the petitioner’s representation dated 28.03.2016 and shall pass a speaking order, therein, within a period of 1 month from the date of receipt of a certified copy of this order. If the 87 petitioner is entitled to Rs.10, 000/- the same should be paid to the petitioner within a further period of 3 months. The petitioner is also given liberty to file a fresh representation before the director of health service, govt. Of Arunachal Pradesh, naharlagun with regard to her claim for Rs.700/- under JSY Scheme and in the event of filling any such representation, the same shall be considered and disposed off by the director of health services, within a period of 15 days from the date of receipt of the representation and thereafter, if the petitioner is found entitled to the said amount, as claimed for, the same shall be paid within a further period of 3 months. Description Background Changlang is one of largest district in Arunachal Pradesh located south of lohit and north of Tirap district and also second most populous district after papum pare. It occupies an area of 4,662 square km and it falls in region that receives high rainfall. The region is blessed with all natural beauty like all flora and fauna. Although the region is one of the most populous in Arunachal Pradesh but the health facilities is very poor. People here mostly depended on Assam state because it is the nearest health service. In a same way Manmao community health centre which cover the population around 3600 and 22 villages are not being functioned properly. Most of the villages are uncover because the transportation and communication facilities are not available. A person has to work miles to reach any of the health centre from the village. The infrastructure of CHC is very poor, the walls and windows are broken. The floors of CHC building was covered by cow dung and flies, no regular supply of electricity and water, no important equipment are available in the health centre. The nearby village like old kamlo and new kamlo completely depends on this CHC for any kind of health problems, but unavailability of proper health service make it difficult for them to receive proper treatment. Current status The fact finding team who visited the CHC and some of the villages found that people are still living in isolation from modern health care facilities. No communication or transportation is available for a regular service in this area. Most of the villages are situated in the interior jungles were a person has to work for a days to reach the destination. So the team have intervened some of the women regarding their maternity health care and also the services that have been provided to them. Lunem Simai wife of Seplu Simai, belong to new Kamlo village Changlang. She is housewife and her husband work at field and family income around 5000-6000 per month. They have a baby boy of 4 month and delivered him in Manmo hospital. The Manmo Hospital does have most of the basic facilities as per the IPHS standard. No proper medication facilities, no investigation facilities, no hygienic maintained, no Ambulance Service etc. people of this area has to suffer a lot in regards to health service. Lunem Simai has registered her antenatal checkups at Manmo hospital but she has done all her investigation like ultrasound, x-ray and blood test in private clinic (Assam) during her pregnancy. In time of her delivery she had to buy necessary items like cotton, gloves, medicines, injection, napkin etc which should be given in free of cost. The other benefit that comes under JSY and JSSK was also not received like sum amount of Rs 700 after her delivery, Ambulance service etc. The right to health is a fundamental human right, implying not only the right to protection against arbitrary exclusion by the state but also the obligation of governments to foster the condition essential for life and survival. Human rights are universal and must be applied without discrimination on any ground whatsoever including sex for women, human rights include access to service that will ensure safe pregnancy and childbirth.