Provide alternate livelihood, ensure healthcare for zero malnutrition deaths among tribals: HC to state govt

HEARING A PIL raising concerns over malnutrition deaths in tribal areas, particularly in Melghat region, of Maharashtra, Bombay High Court on Thursday observed that the state government is taking effective short-term measures which have resulted in fewer such deaths in the region. The government took note of senior IPS officer Dr Chhering Dorje’s report following his visit to the region.
The court said, “Since the state is taking action to safeguard rights and health of tribal people, now it will monitor the PILs monthly, instead of fortnightly as done earlier.” The HC asked the state to consider formulating a long-term plan which may include preventing migration of tribals by making sources of employment available to them and ensuring every tribal person is tracked and taken care of.
This came after Advocate General Ashutosh Kumbhakoni for the state government referred to a short-term action plan submitted by The Integrated Child Development Service (ICDS), the scheme-implementing authority in Maharashtra, along with the state women and children development department on how to deal with malnutrition issues faced by infants as well as expecting and lactating mothers in tribal areas, including Melghat.

A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a bunch of PILs on malnutrition among children in Melghat, including those filed by Dr Rajendra Burma and activist Bandu Sampatrao Sane.
Sane submitted that Dr Dorje’s report must be endorsed by the government as “guidelines” to implement in all tribal areas. He added that while the deaths are reducing after the court’s intervention, there should be a convergence of all departments to deal with the issue.
The state government submitted that while there are severe and moderate acute malnutrition cases among infants in Dharni and Melghat, the anganwadis, through ASHA workers who are given pregnancy test kits are making efforts to identify expectant mothers as soon as pregnancy is detected so that they can be enrolled for nutritional food supplements. Currently, supplements are available only from the third month of pregnancy.
Kumbhakoni added that the issue of migration of tribals is of concern, as more malnutrition deaths take place outside the Melghat area, where nutrition does not reach them. “They (tribals) do not have a permanent source of water through irrigation for agriculture, which is their main source of income. Therefore, they stay in the area only in the rainy season and for the rest of the year, there is no work in Melghat, so they migrate and seek work in brick kilns, or sugarcane cutting and return on onset of monsoon.”
Kumbhakoni said the state has created software to track migration of tribal women beneficiaries and will review the same on a monthly basis, “as the final aim is to ensure that no migration takes place”.
The state wants to retain the culture of the tribal community so that they can live the way they want but at the same time, they should take care of their health, he said. He added that the concerned department has approved re-starting hot cooked meals, which was discontinued due to pandemic, instead of providing Take Home Ration (THR) in Melghat.

After the bench asked if the scheme under NREGA will help in preventing migration, Kumbhakoni responded in the affirmative. “Please find sources of employment in case you want to stop migration. We should ensure that every migrant is tracked and taken care of,” HC said.
“Malnutrition deaths must be reduced and it should come down to zero. We cannot exclude ourselves from the state…It is as much the duty of the judiciary, so that people can survive and live with dignity. We want cooperation from all stakeholders and steps be taken with sensitivity,” the bench said and posted further hearing to February 28.

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