This petition was filed before the Delhi High Court by six destitute pregnant or lactating women in partnership with Human Rights Law Network. The petition asserted that the denial of food and maternal health benefits violated the constitutional and human rights of the women to reproductive health, food, and equality.
Petitioners and community members are receiving their food ration and health benefits on a consistent basis. New ration cards have also been issued to eligible residents. Due to increased state accountability and legal awareness by the local community on rights and entitlements, the scope of corruption and diverting food-grains for sale have reduced significantly.
Similar legal petitions are being developed in other districts in Delhi.
This case is significant because of its transformative potential in realizing a more transparent and efficient delivery system of essentials for vulnerable communities in India. It is one of several recent decisions where the Delhi High Court has found a constitutional right to maternal health. A noteworthy aspect of the case is the reinforcement of the link between the right to food and adequate nutrition, and reproductive health services, which is vital for ensuring safe motherhood. In addition, this case is part of a larger movement in India to use constitutional litigation to secure rights and services for poor women and children. Affected community members were actively involved with both the case and the implementation of the interim order. This provides a progressive vision for advocacy which combines the power of grassroots strategic litigation with the construction of community-based networks to increase accountability.
(Updated August 2015)
Human Rights Law Network