Petition brought on behalf of a women who died after repeatedly being denied adequate maternal healthcare; Failure to implement state-sponsored schemes aimed at reducing infant and maternal mortality; Birth Status; Right to Health, including reproductive health; Right to Food/Nutrition; Directive Principles; Domestic Application of International Law.
Financial compensation and “red cards”, which allow the claimant’s surviving family to access health and nutrition services were awarded. The Court also determined that the schemes themselves needed reformation: that access to health services should be available across states; that clarification be made regarding over-lapping provisions and gaps in the various schemes; that the administration of these schemes be over-hauled; that current recognition of a death-benefit for the “primary-breadwinner” be interpreted to include women who are homemakers; and that additional data be gathered on the percentage of home deliveries to aid in the improvement of service provision. Finally, the Court ordered the States of Haryana and Delhi to undertake corrective measures and institute monitoring policies to ensure the decision is implemented, including affidavits on compliance to be submitted 8 weeks from the date of the decision. At the time of this summary, no updates on compliance with these measures are available, but when updates become available, they will be added.
This case is a clear example of the gap that exists in India, and globally, between the existence of laws that protect women’s economic and social rights and implementation of domestic policies which make these rights accessible and meaningful. This case was compounded by the intersectional discrimination Shanti Devi experienced being a poor woman from a Scheduled Caste. India has one of the highest rates of maternal mortality in the world, despite its burgeoning economy and rural health initiative. The maternal mortality crisis in India is linked to the deep inequalities faced by women and improving the situation will require substantive fulfillment of women’s right to health, equality and non-discrimination. Advocates who worked on this case believe the judgment was an important victory and that it will have major implications for health policy in India, where a maternal death occurs every five minutes.
Human Rights Law Network, India