Rajasthan High Court Orders ₹4 Lakh Compensation for Woman Forced to Deliver on Road

In a poignant verdict, the Rajasthan High Court has directed the Union of India and the Rajasthan government to pay ₹4 lakh in compensation to a woman who tragically delivered two children on the road in 2016, both of whom later died. The court, led by Justice Anoop Kumar Dhand, condemned the "reckless and negligent behavior" of the health staff at the Community Health Centre (CHC) in Khedli, characterizing the incident as the "death of humanity."

The woman, identified as Phoolmati, was denied treatment on April 7, 2016, due to the absence of the Mamta card, a crucial document for pregnant women. The court noted the failure of various government schemes, such as the National Maternity Benefit Scheme (NMBS) and Janani Suraksha Yojna (JSY), meant for the welfare of pregnant women and infants.

Justice Dhand emphasized the Union of India's responsibility in implementing health schemes, stating, "Right to health is a national campaign initiated by the Central government, and responsibility for maintaining good health must rest squarely on the shoulders of the Union of India."

The court declared, "It is rather unfortunate that now the Union of India is treating the subject 'Health' as a public health issue and making it the concern of the State Governments. This is simply not permissible and appears to be a case of passing the buck."

Highlighting the duty of medical professionals, the court found gross negligence in this case and ordered a compensation of ₹4 lakhs jointly from the Union of India and the State Government. The amount will be deposited in a fixed deposit for three years, and the interest accrued will be transferred to Phoolmati's account quarterly.

Additionally, the court ordered an immediate payment of ₹25,000 to the petitioner and directed the constitution of a Joint High Powered Committee to address the shortcomings in implementing health schemes.

This verdict underscores the court's commitment to holding authorities accountable for ensuring the effective implementation of healthcare schemes and providing timely and humane medical assistance.

Author: Anushka Taraniya

News writer, MIT ADT University