20 PILs filed on state’s dismal healthcare facilities

Our Correspondent
KOHIMA, NOVEMBER 29

The Human Rights Law Network (HRLN) Nagaland chapter has disclosed that twenty Public Interest Litigations (PILs) have been filed through the network this year alone regarding lack of basic facilities in healthcare centres in different districts in Nagaland, particularly in regard to reproductive rights of women.
Addressing a press conference at the HRLN state office at Kohima, HRLN coordinator and Women Studies Centre (NU) director, Dr. Rosemary Dzuvichu highlighted that these cases were taken up as a follow up to the national consultation seminar on ‘Women’s Reproductive Rights, Human Rights & Using the Law’ held in April this year, which revealed a huge gap in public healthcare delivery system for women/mothers in Nagaland. Out of the 20 PILs, she said two have been disposed. These comprise a case challenging the state government on failure to establish State Human Rights Commission in Nagaland (SHRC), for which the Gauhati High Court (GHC) closed the case citing that the Supreme Court had already directed 7 states including Nagaland to set up SHRC by January 2016. The second disposed case involves the petitioner, Dr. Dzuvichu challenging the 2012 impugned Cabinet memo which discontinued two Fast Track Courts at Kohima and Dimapur wherein cases pertaining to crime against women and children were transferred to the Family Court. In this case, the division bench GHC reproduced its judgment on October 10 that the attempt of the state to transfer criminal cases (crime against women) to Family Courts may not be proper, and left it to the discretion of the government to set up such number of court (s) in the state as and when number of pending cases in different courts of Nagaland so demands, in consultation with the HC.
From the documents handed out to journalists by HRLN, most of the PILs sought the effective implementation of the Indian Public Health Service (IPHS) norms in health centres, and the lack in essential facilities, manpower and even drugs in health care centres. The HRLN members and lawyers informed that thorough fact-finding were conducted to back the PILs in collaboration with students, women and mothers organizations. A total of 3 district hospitals, 7 Primary Health Centres, 5 Community Health Centres and 7 sub-centres were investigated before the PILs were filed. Some of the cases were filed in the GHC Kohima Bench while others were filed before the Principal Bench GHC Guwahati and some in the Supreme Court.

Following is a gist of the PILs filed through the HRLN this year and are awaiting the department/government’s response:
1. District Hospital Zunheboto (51-100 bedded)- No adequate manpower: no medical specialist in Obstetrics & Gynaecology, Paediatrics, Ophthalmologist, and absence of doctors and staff led by the MS; inadequate equipments, infrastructure & essential drugs; non-functional diagnostics centre, limited equipments and no technicians; Constitutional schemes for women & children under JSY, JSSK, ARSH, NMBS and NFBS not given to beneficiary mothers and children.
2. District Hospital Kiphire- Only 4 doctors, 11 nurses, 1 ambulance (small), no technician to operate X-Ray equipment, no Blood Bank refrigerator, no morgue room or facilities; Urgent need of surgeon, Medical Specialist, Paediatrician and ambulance facility; MS and SMOs visit only for meeting and important government programmes, MOs and district representatives’ representations to government not heard on improvement of the district hospital.
3. District Hospital Dimapur- inadequate facilities including doctors, medical staff, infrastructure, essential equipments & drugs; incubators for neo-natal care non-functional; fluctuating power supply with no generator/inverter backup causing hurdles in critical surgeries & other basic health care.
4. PHC Thonoknyu, Tuensang district- No medical officer of MBBS and AYUSH, no health educator, health assistant, clerks, laboratory technician, ambulance for referrals, no waiting room, labour room, new born care, supply stock of essential drugs, water facilities, proper toilets, generator/inverter/solar power facilities, landline telephone, computer/internet etc.
5. PHCs Dzulha, Sakraba and Thipuzu villages, Phek district- As per RTI reply, 36 infant deaths and 2 maternal deaths in the period 2012-14; no MO, health educator, health assistant, laboratory technician, clerks, driver, inadequate stock of drugs, emergency obstetric care, laboratory, 24hours emergency service, new born care, surgery for cataract, minor fracture surgeries, separate septic labour room, family welfare clinic, operation theatre, communicable facilities.
6. PHCs Piphema, Pherima & Chumukedima, Dimapur district- Inadequate MD, staff, infrastructure, equipments, drugs etc.; Same as the above three PHCs.
7. CHC Jalukie, Peren district- Petition seeks for effective functioning of IPHS for CHCs, National Health Mission and other Constitutional Schemes at par with other states for inhabitants of Jalukie as prescribed by legal procedures as well as Article 21 of the Constitution. The Court has directed the Mission Director NRHM Nagaland to file status report.
8. CHCs Chozuba & Pfutsero- Inadequate doctors in medicine, physician, obstetrician/Gynaecologists, anaesthetist, eye surgeon, paediatrics, specialist AYUSH, General Surgeon etc. and non existence of Block Health Office at Pfutsero CHC. PIL admitted on November 5 and Court directed respondents to file counter affidavits within 4 weeks.
9. CHC Tseminyu- Government’s failure to implement citizens’ right to health, right to treatment, health facilities and infrastructures, particularly the women and children. Same as above.
10. CHC Sanis, Wokha district- No physician, obstetrician/gynaecologists, anesthetist, eye surgeon, paediatrician, AYUSH, public health programme manager, public health nurse, radiographer, OPD attendant, statistical assistant/data entry operator, OT attendant, registration clerk, dresser, understaffed nurses, inadequate drugs, surgery, OBG, full range family planning, blood storage facility, facility for sterilizing instruments, male/female specialist, ECG test, X-ray, ultrasound, no appropriate training to nurses on ECG, OT, generator/standby facility, and no telephone, computer etc.
11. Similar inadequacy of health care givers, facilities, infrastructure, and equipments were detected in 7 investigated sub-centres including Kiusam village (Kiphire), Khuzama, Bayavu, Jotsoma, Meriema, Thizama and Chedema (Kohima district). As per HRLN members, forget about facilities, some sub-centre doctors reportedly never even visited the centres; none of the CHCs have ambulance facilities; some have no water, power supply; no labour room, new-born care facilities, receipt of drugs on the verge of expiry and shortage of drugs etc.
12. PIL on Anganwadi seeking effective implementation of ICDS and National Food Security Act 2013; Anganwadi centres in deplorable conditions; some centres are closed for the entire year due to lack of facilities.
13. PIL on birth and death registry- most health centres do not maintain register for births and deaths; petitioner seeks for establishment of registration camps; to notify panchayats, village councils and hospitals, nursing homes, CHCs, PHCs and government schools as local registrars; disclose vacant posts under the Act and fill them; to file expenditure report on Rs.27.9 lakh as requested by the respondent in the 2012-13/2013-14 PIP.
14. Embezzlement of Rs.62 crores in the health sector under NRHM Nagaland- the case is now being carried on by HRLN Delhi in the Supreme Court.