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PIL for health rights of pregnant woman in Arunachal Pradesh's Lower Dibang Valley

Date : 02/11/2015

Smti Emili Linggi Vs State of arunachal Pradesh and Others [WP(C) 427/2016] In The Gauhati High Court, Itanagar Permanent Bench.

Smti Emili Linggi filed PIL for the health rights of pregnant woman and others of Roing area under the district of Lower Dibang Valley Arunachal Pradesh for incapable of accessing the scheme bestowed to them by the central government State Govt, failure on the part of respondent’s authority to assisting them proper medical facilities at the time of delivery, the present petitioner seeking directions to make the district hospital as per the minimum standard of the Indian Public Health Standard (IPHS),for ensuring proper implementation National Health Mission(NHM). As per the Objective/guidelines of the IPHS for DH, the DH have to provide optimal expert care to the community, to achieve and to maintain an acceptable Standard of quality of care and to make the services Standard of quality of care and make the services more responsive and sensitive to the need of the community.
The Public Interest Litigation (PIL) is substantiated by fact finding report conducted by the health activist, District hospital of lower Dibang valley District in Arunachal Pradesh who is incapable of accessing the schemes bestowed to them by the central government and state govt. are not able to get basic health facilities due to non availability of basics facilities in District hospital and failure in providing basic health care especially for the pregnant woman. The petitioner is pregnant woman and she has registered in the District Hospital Roing, lower Dibang valley, Arunachal Pradesh for antenatal/intranatal/postnatal checkups. She got on the 21 July 2015. She has to go to private clinic at Roing, Tinsukia (70 Km Approx) For sonography, blood test , thyroid, FSH etc as there is no basic facilities in the District Hospital this shows the clear violation of, basic health care. The poor woman has to spent lots of money in the private hospital for the checkups during pregnancy. Moreover, there is no proper darning system, and during rainy season hospital is flooded with flood water make patient more vulnerable to disease. The District hospital doesn’t have basic facilities like X-rays, ultrasound, ECG ,blood transfusion , and storage, Physiotherapy, there is no Pediatric, Anesthesia, Orthopedic, ENT, Radiologist and Ultrasonologist, Dermatology , the basic facilities like ultrasound, ECG, weight machine, refrigerator ,and no immunization were available. The dumping of garage were not maintained, the waste material like medicine, used syringes were thrown everywhere, due to which common people and animal fall into sickness.
However the respondent failed to provide basics facilities which come under the government health issues programs which Indian constitution have provided, especially for the maternal health care service. There are many maternal death taking place due to silly reasons and failure of basics requirements and hence, the petitioner pray that the responding should ensure the implementation as per the IPHS guidelines DH and have all the Facilities which has been mentioned under this guidelines.

State respondent have made submission in reply to the petition that to implement the minimum requirements as per the guidelines of Indian Public Health Standard (IPHS) in the Hospital and Health centers without any delay. The case matter has been listed on 20/11/2015, and a copy has furnished to the learned counsel who was appearing on behalf of the State respondents and discharge this case of PIL 427.under section 4 of the IPHS guidelines the general hospital should have a building of its own, the road, electricity, water supply and communication facilities which should be available in all the hospital. The respondent authority failed to provide basic facilities which come under the government health issues programs which care service. There are many maternity death take place due to silly reasons failure of basic requirements.
The District Hospital of lower Dibang valley covers all over the population of 53,986 and has total 5 health centre under its, emergency cases from lower and Upper Dibang valley is all been referred in this district health centre so the lack of facilities at the one hope health centre makes the patience condition worse during emergency. According to health status this medical centre have been facing many maternal death due to absence of blood bank in the past, and also as per the official record the Roing district hospital has a blood bank record, but in reality ground no blood bank has been found. Upper dibang valley is the nearest district to the lower dibang valley most of the patience of the upper dibang valley prefers to visits the lower district for any health problems due to bad condition of the health centre of their district, Upper Dibang valley district health condition is worst than the lower district which left no choice for the patience than to visits to the other district. From the past onwards this district has been facing a shortage of electricity and deplorable condition of the road which makes it challenges for the people to easily assessable to the health centers.
Moreover the CHC and PHC of this district have no access to the antenatal care which means all the pregnant woman had to visits Roing district hospital their all 4 Ante-natal checkups.
Current Status
The Fact finding teams who visited this district hospital also found that most of the patients travel far mile to other district Assam for their health care as they were not satisfied with the quality of care or treatment like receiving the wrong medication in hospital or skilled nursing facility, receiving unnecessary surgery/diagnostic testing , receiving overdose of medication, experiencing a delay in services, receiving inadequate care or treatment by a Medicare hospital or doctor, experiencing a change in condition that was overlooked and not treated, receiving a misdiagnosis, and receiving inadequate discharge instruction . woman mostly visits this hospital only for their ante-natal checkups, they prefers delivering from Assam hospital or Itanagar private hospital, the few who went to the government hospital was having no option but to adjust it with the situation due to their financial condition, the woman delivered at Roing district hospital were ill- treated they were not given good neonatal care, not been served healthy food and were discharge immediately after the delivery.
National health care schemes Policies in order to expand the health services with the objective to reduce maternal death and provide quality medical care introducing IPHS Guidelines of hospital according to which this standard of facilities were to be provided to the people, promoting institutional delivery schemes like Janani Shuraksha Yojna (JSY) integrates cash assistance with antenatal care during the pregnancy period and also Janani Shishu Suraksha Yojna (JSSK) eliminate out of pocket expenses of pregnant woman and sick children were all launched to facilitate the woman and children health condition, but due to not reaching all this facilities to the beneficiaries shows the clear violation of all this rights and also a failure to implement the scheme by the respondent has result to filed a Public interest litigation.

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