Sandesh Bansal v. Union of India and others (PIL) W.P. No. 9061/2008

Nature of the Case

This public interest litigation (PIL) was filed in July 2008 against the government of Madhya Pradesh over the lack of implementation of maternal health schemes in the state. The High Court of Madhya Pradesh delivered its landmark order in February 2012. The court held that a woman’s inability to survive pregnancy and childbirth violates her fundamental right to live, as guaranteed under Article 21 of the Indian Constitution. The court recommended that the government take various measures to improve maternal health care in the state.

Enforcement of the Decision and Outcomes

Interim Orders issued by the High Court of Madhya Pradesh when the case was still pending led to the setting up of a blood bank and construction of a water tank to improve the conditions at the PHCs.

Significance of the Case

In this landmark decision, the court recognized that the right to maternal health care and right to survive childbirth is an aspect of the Right to Life as enshrined in Article 21 of the Indian Constitution. The court found that this right imposed a burden on the state to provide adequate maternal healthcare. Advocate Jayshree Satpute, who argued the final hearings in the case, noted that the judgment is “a huge step forward for women’s health in India, as a growing number of High Courts … have begun to recognize reproductive rights as fundamental rights and order life-saving reliefs.”

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.

Groups Involved in the Case

• Human Rights Law Network