Aishwarya Adhikari v. Dept. of Health and Family Welfare and Ors.

Delhi High Court · 27 Jan 2020 · 2020:DHC:528-DB
D.N. Patel; C. Hari Shankar
W.P.(C) 966/2020
2020:DHC:528-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed government authorities to ensure proper implementation of maternity welfare schemes in Mukundpur, Delhi, in response to a public interest litigation highlighting deficiencies.

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W.P.(C) 966/2020
HIGH COURT OF DELHI
Date of Decision: 27th January, 2020
W.P.(C) 966/2020
AISHWARYA ADHIKARI ..... Petitioner
Through: Ms. Tenzin Chodon, Adv.
VERSUS
DEPT. OF HEALTH AND FAMILY WELFARE AND ORS. ..... Respondents
Through: Ms. Monika Arora, Central Govt.
Standing Counsel with Mr. Kushal Kumar, Adv. for R-UOI
Mr. Sanjoy Ghose, Addl.Standing Counsel- GNCTD with Mr. Naman Jain, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR O R D E R 27.01.2020
D.N. PATEL, CHIEF JUSTICE (ORAL)
JUDGMENT

1. This Public Interest Litigation has been preferred with the following prayers: “1. In view of the facts and circumstances of this petition, the Petitioner prays before this Hon'ble Court as under: 2020:DHC:528-DB

2. Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to provide a list of the number of beneficiaries who availed cash assistance under JSY, JSSK and PMMVY schemes.

3. Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to file a status report of the schemes availed by the beneficiaries in Mukundpur area.

4. Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents as how are they going to ensure the implementation of schemes in Mukundpur.

5. Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to ensure the services in the Mukundpur of ASHA workers in the JJ colony for the efficiency of the schemes as per National Health Mission.

6. Pass an order directing the respondents to open bank accounts of pregnant women and lactating mothers in Mukundpur to ensure benefits under JSY, JSSK and PMMVY are implemented.

7. Pass an order directing the respondents to organize periodic awareness campaigns for the women and the Anganwadi workers in Mukundpur.

8. Pass an order directing the respondents to submit a report relating to the adequate facilities for cooking, drinking water and sanitation in Anganwadi Centres of Mukundpur.

9. Pass an order directing the respondents to ensure health nutrition dry ration and cooked meal and are disbursed in Anganwadi Centres of Mukundpur as directed by the Supreme Court vide order dated 28.11.2001 in People's Union for Civil Liberties v. Union of India & Others.

10. Issue a writ of Mandamus or any other appropriate writ order or direction to the Respondents to ensure effective and efficient functionality of grievance redress mechanisms as per Section 14 of the National Food Security Act, at nodal, district and state levels.”

2. Having heard learned counsel for both the sides and looking to the facts and circumstances, it appears that the grievance of this petitioner, pertains to the proper implementation of the following three schemes: (a) Janani Suraksha Yojana (JSY); (b)Janani Shishu Suraksha Karyakram (JSSK); and

(c) Pradhanmantri Matratva Vandana Yojana (PMMVY).

3. Learned counsel appearing for the petitioner submits that the aforesaid schemes are not being properly implemented in a particular area known as Mukundpur at Delhi.

4. In view of the above, we hereby direct the concerned respondent authorities to look into the grievances ventilated by this petitioner for effective and efficient implementation of the aforesaid three schemes at Mukundpur area at Delhi, and implement the same in accordance with the provisions of the schemes, in accordance with law, rules, regulations and Government policy applicable to the facts of the case, as early as possible and practicable.

5. With these observations, this writ petition is hereby disposed of.

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CHIEF JUSTICE C.HARI SHANKAR, J. JANUARY 27, 2020