Bombay HC directs Deterrent Action against all doctors refusing to work in Tribal Areas

Mumbai: While considering a Public-Interest-Litigation concerning the healthcare facilities available in the tribal areas of Maharashtra, the Bombay High Court has ordered the State to ensure that specialist doctors provide their service in the tribal regions.

In fact, the court has also directed the state to take deterrent action against the unwilling doctors who deny to join the postings offered to them in the tribal areas affected by malnutrition deaths.

Even if the doctors are not able to work on a daily basis, the court has ordered that specialists including paediatricians and gynaecologists should "actually" join service as per their deputation in the tribal belt and "work at least a few days a week, if not daily".

These directions were issued by the bench of Acting Chief Justices SV Gangapurwala and SG Chalpalgaonkar while considering several pleas including the PIL filed by activist Bandu Sampatrao Sane. The petitioner informed the bench that altogether 10,000 deaths have occurred in the tribal region due to malnutrition in 2022 alone.

Medical Dialogues had earlier reported that the PIL had been filed back in 2007 over the deaths of several children, pregnant women and lactating mothers because of malnutrition in the tribal regions.

Various orders have already been passed since the filing of the PIL petition to address the concerns raised before the High Court bench. The petitioners/applicants have attended the joint meetings organized by the State and have given their suggestions.

Previously, the petitioner Sane had informed the court about the death of 411 people in the district since January 2022. The number includes 86 children who allegedly died to to malnutrition and inadequate health facilities. The petitioner Sane had also submitted that the area doesn't have proper roads and it makes it even more difficult to get access to medical facilities.

Also Read: Maharashtra HC summons Nandurbar Collector over 411 deaths due to Malnutrition

Taking note of the report, the HC bench had issued directions for serving the report to the Nandurbar District Collector and asked the Collector to file an affidavit in response to the report within September 21, 2022.

Recently, Sane informed the court about altogether 10,000 deaths in the region due to malnutrition. He further informed the court that despite several court orders, specialist doctors including gynaecologists, paediatricians and radiologists were unwilling to take up the postings in the tribal areas.

As per the latest media report by Indian Express, the counsel for the State, Neha Bhide informed the court that the even though the State had made it mandatory for doctors to join postings in the rural or tribal areas, several of them denied those postings and did not even report to work, despite signing a bond or being deputed.

In this regard, the Additional Government Pleader claimed that the bond amount adds up to Rs 1 crore and further claimed that government has been trying to fill up the posts and take action against such doctors.

Taking note of the submissions, the bench observed that while the State has been trying to ensure availability of specialist doctors and the posts were being filled up by Maharashtra Public Service Commission (MPSC), several "deputed doctors do not report to work."

At this outset, the bench observed, "What are the steps taken for public health centres? Is there an action plan, and have doctors been deputed there? The government policies are benevolent. Issue is regarding the implementation. Action must be taken to ensure doctors are available at least for a few days, if not 24X7 a day. What deterrent action you (state government) are taking to get the deputed doctors to join? See to it that the deputed doctors join work, and there is a methodology. The recovery of bond amount will not replace the vacancies. Gynaecologists and paediatricians should be there on duty."

In this regard, the petitioner submitted that the State was not treating the plea as adversarial to it and it will continue taking required measures to ensure availability of medical personnel in the tribal belts of the State.

The matter has been listed for further hearing on January 19, 2023.

Also Read: HC warns Maha Govt over death in tribal areas due to lack of medical aid, malnutrition