Fact-Finding Report on the State of Public Health Facilities in Barwani District

Post Date: Wednesday, May 25, 2016

In 2011, the Human Rights Law Network filed a case in the Honourable High Court of Madhya Pradesh against the Government of Madhya Pradesh in W.P. PIL No. 5097 of 2011, Dunabai v. State of Madhya Pradesh and Others. The petition alleged that the Respondents had failed to install adequate infrastructure and facilities in Barwani District’s public healthcare system. The petition also alleged that the Respondents had failed to post a sufficient number of qualified doctors in Barwani District’s public healthcare system. These failures, the petition argued, violated the reproductive rights of women and girls in its failure to implement maternal health strategies and programmes consonant with constitutional, international, and statutory obligations.  The consistent and recorded denial of health care services, particularly emergency obstetrical care and antenatal care services, highlight a series of systemic failures that have broken families and raise serious concerns about the provision of health services for the public at large.

On 11th November 2011, the High Court of Madhya Pradesh issued an order in which it directed the Respondents to “take immediate steps for providing the minimum basic health facilities to the women in the area concerned and… place on record…the steps taken by the State in this direction…”  After the Respondents failed to file a report as requested in the order of 11th November, the High Court issued an order on 27th January 2012 directing the Respondents to “file requisite compliance report/affidavit as already directed on or before the next date of hearing, failing of which the respondents No. 2 to 4 shall remain personally present before this Court on the next date of hearing.” In this same order, the case was listed for 3rd March 2012.

The Respondents finally filed their compliance report on 26th March 2012. After examining the Respondent’s report, the High Court wrote, “we find that the steps are not enough and are not in the pace in which the same are to be taken.” In light of the Respondent’s failure to implement necessary measures to improve Barwani District’s public healthcare system, the High Court ordered on 27th July 2012 that “the second respondent Commissioner, Health Department Government of M.P. and Joint Director health to visit Hospitals, various Public Health Centres and Community Health Centres at District Barwani within 15 days along with the Collector Barwani to find out the problems being faced and to find out its solution.” The Respondents were further ordered to file a “necessary report in that regard…on or before the next date of hearing,” which was scheduled for 3rd September 2012.