Take Stern Action against doctors not joining duties in Tribal Areas: Bombay HC
Mumbai: Taking note of the fact that specialist doctors are not joining their posts of deputation in the tribal areas of Maharashtra, the Maharashtra High Court on Thursday has directed the State Government for taking stern action against such medical professionals.
The HC bench of acting Chief Justice S.V Gangapurwala and Justice Sandeep V. Marne issued such directions after the State Government informed the bench about issuing show-cause notices to altogether 52 specialist doctors for not reporting to their posts in the Melghat region, which has high number of child deaths occurring as a result of insufficient medical facilities.
Observing that life of children is precious, the bench ordered, “The government is required to take stern action against such doctors who fail to join the post of deputation…Life of children is precious. The state authorities shall consider in bright earnest appointment of medical officers as per the sanctioned posts in the PHCs, more particularly in tribal regions.”
These directions were issued by the HC bench while considering Public Interest Litigations (PIL) filed back in 2007 in connection with a high number of deaths of several children, pregnant women and lactating mothers because of malnutrition and inadequate medical facilities in the tribal areas of Maharashtra. The PILs sought specialist doctors, nutrition and health facilities and expectant mothers.
Medical Dialogues had earlier reported that activist Bandu Sampatrao Sane, who is one of the petitioners, had informed the bench that altogether 10,000 deaths have occurred in the tribal region due to malnutrition in 2022 alone.
Also Read: Bombay HC directs Deterrent Action against all doctors refusing to work in Tribal Areas
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.
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, the Court had been informed that despite several court orders, specialist doctors including gynaecologists, paediatricians and radiologists were unwilling to take up the postings in the tribal areas.
Taking note of the matter, the HC bench in December 2022 had ordered the State to ensure that specialist doctors provide their service in the tribal regions. In fact, the court had 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.
As per the latest media report by Live Law, activist Bandu Sane recently informed the bench that from April 2022 till date, altogether 205 children under the age of six years had died in the Melghat region. He further added that from April to October 2022, a total number of 207 children died in Nandurbar district.
Meanwhile, submitting a detailed compliance report, the Public Health Department informed the HC bench about the short-term and long-term actions taken by the State for addressing the matter. The report revealed that there are only 6 specialist doctors in the rural hospitals of the Melghat region and out of them only 1 doctor is regular, whereas the rest of the doctors are on a contractual and deputation basis.
The bench was further informed by the Assistant Government Pleader Neha Bhide and Assistant Director General of the State Health Department Dr DG Chavan that the process for recruiting 226 medical officers across the State was already ongoing.
At this point, the bench inquired about the specific number of medical officers who have been employed in the Melghat and Nandurbar region. Responding to this, AGP Bhide informed the bench that the employment scheme does not provide for appointing specialist doctors in the primary health centres (PHCs) as the requirement of specialist doctors are only for tackling serious cases.
However, referring to the serious condition of Melghat area, the AGP submitted that specialist doctors are appointed in the area on deputation basis. She further informed that despite being appointed for the posts, 21 paediatricians and 31 gynaecologists did not report for the posts in the previous two months and show-cause notices were issued to them.
Also Read: Maharashtra HC summons Nandurbar Collector over 411 deaths due to Malnutrition
Further, the court was informed by AGP Bhide that the Maharashtra Government on January 10 has ordered the deputation of 27 more specialised doctors in the tribal area.
In this context, the court pointed out that the period of deputation is very small and referring to this, the bench asked why the number of deaths were not decreasing in the region despite all the measures taken by the State.
Responding to this, AGP Bhide informed the bench that the deaths were not only happening after birth and malnutrition was also an issue. Referring to the matter, she pointed out that the malnourished children are categorized into moderately acute malnourished (MAM) or severely acute malnourished (SAM).
She further submitted before the bench that the children between the age of six months to six years are provided nutrition by the State and after this the SAM children should either move to MAM or normal nourishment. However, Bhide pointed out that some children are unable to receive the nutrition as a result of issues including migration.
In this context, the counsel for the petitioners, Advocate Uday Warunjikar informed the bench that there was a huge vacancy in Nandurbar district not only regarding the number of the doctors but also about the support staff.
Activist Sane informed that bench about his recent visit to the PHCs in Nandurbar district two days before the hearing. He informed the bench that three out of 11 PHCs lack even a single MBBS doctor.
During the recent hearing, the State Government further informed the HC bench that the core government committee that looks into the matter was going to conduct a meeting on Friday after five months.
Taking note of this, the bench observed that activist Sane, who also is a member of the committee, can place all the facts before it so that appropriate steps can be taken.
Also Read: HC warns Maha Govt over death in tribal areas due to lack of medical aid, malnutrition
