(Per : HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)
1. In this Public Interest Litigation filed in the year 2003, the writ-petitioner originally prayed for the following reliefs :
"18(A) appointing a high level committee for immediate correction of the deficiencies and the failures in the RCH programme;
(B) directing the respondents to implement the Government's programme in all its details both in terms of quantity and quality;
(C) directing the Government to remove as far as possible all causes of delay which result into the deaths from pregnancy related complications and to take remedial measures for this purpose;
(D) directing the respondents to carry out a proper manpower planning programme so as to ensure SCA/6799/2003 2/3 ORDER the adequate number of qualified at all places;
(E) directing the Government to enforce strictly the rules of conduct and discipline so far as the medical staff is concerned which has created the present day problems;
(F) directing the Government to take immediate steps which are absolutely essential for ensuring the health of women, such as adequate nutrition, hygiene, education and awareness etc. (G) directing the respondents to involve the people concerned including their organizations for implementing and monitoring the entire programme;
(H) directing the respondents to take strict disciplinary actions against all erring and negligent officers connected with the functioning of these services;
(I) directing the respondents to prioritise the various steps and to fix a strict time limit within which goals can be easily achieved; and (J) passing any other appropriate order."
2. It appears that the parties have already exchanged their affidavits. On August 24, 2012, the petitioner has come up with certain suggestions for lowering the maternal mortality rate in Gujarat. It is pointed out that the average maternal mortality rate (MMR) for the whole country is at present 212, whereas in State of Kerala it is 81, in Tamil Nadu it is 94, in Andhra Pradesh it is 134, in Maharashtra it is 104, in West Bengal it is 145 and in Gujarat for 2007-2009 it is 148.
3. The petitioner has given his suggestions for lowering the maternal mortality rate in Gujarat. Let a copy of the suggestions given by the petitioner be served upon the learned Assistant Government Pleader. The State-respondent is directed to have a report on the suggestions given by the petitioner within a fortnight from today.
SCA/6799/2003 3/3 ORDER
4. So far as the other connected application being Special Civil Application No.11963 of 2009 is concerned, the State- respondent is directed to file affidavit-in-reply to the stay application within a fortnight from today.
Let the matters appear on September 10, 2012.
(Bhaskar Bhattacharya, Chief Justice) (J.B. Pardiwala, J.) Aakar