Tanvi Pilane
Published on: March 20, 2022 at 12:38 IST
A Notice was issued by the Gujarat High Court to the Respondent authorities while hearing a Public Interest Litigation (PIL) seeking to protect the Rights of Pregnant Women, Unborn Infants, and the Right of Childbirth for Pregnant Women.
A case of a poor pregnant woman who was denied treatment on the grounds that she could not deliver the payment of Rs. 42,000 before treatment came to the notice of the Petitioner who then filed the petition in the High Court.
The Petition sought the following:
1. Doctors and the hospital and other necessary institutions be duty-bound to provide Medical Aid to any pregnant woman in extreme labor pain or in a Medical Emergency.
2. Further, Respondent authorities must formulate schemes and policies for protecting the human rights of pregnant women and rights during childbirth per Article 1 of the Universal Declaration of Human Rights.
3. Prompt Penal and/or compensatory reaction be initiated against wrongdoers for violation of the Rights of Pregnant women through denial of Medical Aid or Emergency care etc.
The Petitioner pointed out several cases of pregnant women being denied medical aid or being granted poor services due to which their lives along with their infants are jeopardized.
The Petitioner contended that as per Article 21 of the Constitution medical aid is an important facet of the Right to Dignity, fair treatment, and good health of the citizens.
It was also contended that it is the duty of the state to make effective provisions for securing the rights of women and granting maternity benefits under Article 39(e) and (f) read with Article 42.
The Petitioner also relied on the Human Rights Act, 1993 in which the term ‘human rights’ extends to the rights relating to life, liberty, equality, and dignity of the individual.
The Petitioner pointed out the prevalence of several diseases and health conditions amongst women who receive minimal medical attention and the negative attitudes due to which women’s consent is often not considered.
Hence, the Petitioner sought directions from the Court for the Ministry of Women and Child Development, the Ministry of Health and Family Welfare, and the Gujarat Medical Council to initiate legal action against errant hospitals.
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