Z Lohe
The Justice S. Serto of High Court at Kohima passed a judgement in favour of the victim of the Department of Health and Family Welfare on 15th November, 2019 which was published in local papers on 21.11.2019 is a landmark verdict which is the redresser not only to the bereaved family but the exemplary judgement in the best interest of the downtrodden. Possibly I will be the loner, and yet I heartily appreciate the Justice Serto for paying attention to the plight of a specimen of the neglected section of people in Nagaland and gave such verdict for the Health & Family Welfare Department to pay Rs. 25 lakh to the children of the victim. This verdict is indeed a befitting slap against the Department that has earned it. I wish the verdict has embarrassed the Department concerned, and yet we being in the digital age, most of the wrongdoers are immune and no amount of exposures of mismanagements can prick their sensitivity. I congratulate Mr. Moba Changkai, the eldest son of the victim late Mrs. Bemang of Monyakshu Village in Mon District who filed the case which was most appropriate and can be taken as catalyst. I congratulate and thank the Human Rights Law Network (HRLN), Nagaland for shouldering the counselling responsibility and having won the case. I feel the judgement to be very gratifying and highly redressing.
The brief but lucid highlight on the solid circumstances that led to the death of the poor mother late Mrs. Bemang are but sordid, pathetic, frightful and indeed provoking too. The Monyakshu Village has Type-B health sub-centre which is supposed to be equipped with ‘the basic facilities for conducting deliveries and newborn care’ under Janani Suraksha Yojana(JSY) which is the National Health Mission. Whereas, on that fateful day of the 7th November, 2016, late Mrs. Bemang could not have natural delivery of her seventh child at home, and the family took her to the sub-centre at her village. The story goes that the sub-centre was found closed as it remained defunct and that compelled the victim to go to the health centre 130 km away from her village. While on the road, she had no more strength to bear the labour pain and thus the victim passed out. What story can be more pathetic, painful and helpless than what the Judge considered it to be worth awarding with a befitting verdict.
Although we are in the 56th year of the Statehood of Nagaland, we are yet to have the basic health amenities. The case of late Mrs. Bemang was not the exclusive incident but hundreds of similar cases had been there in Nagaland. The mere reason for how such untimely deaths due to neglect of the Govt. could not be capitalized was lack of Moba Changkais. I also heard of few cases of death due to wrong treatments in health clinics, and yet the families were too ignorant of seeking for legal redress. Some years ago, a friend of mine who suffered from diabetic was reportedly treated with dosages for malaria out of sheer speculation of the physician in a clinic. The condition of the patient deteriorated rapidly and was taken to Naga Hospital, Kohima where his ailment was diagnosed and yet it was too late for the doctors to revive him. He died of the wrong treatment prematurely and not of the disease he had. The Statehood is aged and yet the health care system is in its nascent stage.
It does not mean that the GOI fails to provide funds for improved health care facilities and services. Even as a layman I understand that every successive Union Govt. used to introduce new health care facilities through pilot projects that used to be regularly availed by Nagaland. I believe there is no dearth of money for providing the requisite basic health facilities to our people in the rural and remote areas as deserved by the people of the State. Yet, I have not come across the Health Departments had ever done well with funds received from Delhi to the satisfaction of the people. Not only Monyakshu’s story of today, but in the 80s, 90s and beyond, the Medical and Health Departments used to remain controversial in Assembly debates mainly for mismanagements.
Of course, from corruption point of view, no Department in Nagaland can throw the first stone at the promiscuous woman. Nevertheless, I vividly remember the Health Department has the history of preferring to purchase the most expensive equipments for its hospitals without having any technician to operate it as was debated in the Assembly many years ago. While the Govt’s stores in hospitals are filled with those equipments, the Govt. health centres will lack life saving drugs and the most essential basic needs which are normally cheap to procure. It also has the history of treating the creamy layer employees with plump postings and with the treatments meant for kings and queens with the best brand cars, etc. while allotting the second hand rotten vehicles to those who serve the people in remote areas. I happened to be part of the Estimate Committee, NLA which inspected the Referral Hospital under construction years ago. To our astonishment, when the RCC columns for the ground floor were raised, a huge number of flash doors were purchased and dumped in the area and were made to rot. Thus, when any project is taken up, it is normally converted into private money minting scheme and the ultimate result used to be as to how late Mrs. Bemang had to face the brunt of mismanagement. Thus, the health care system in Nagaland has remained in shambles.
Only the concerned Department knows what will eventually happen to the much talk about Kohima Medical College when the GOI had already released its share of funding in full to the tune of Rs.171.10 crores (the Union Medical Minister disclosed in his reply to the question in the ongoing Parliament Session). A former medical minister reportedly insisted to inaugurate the College in question when nothing of such infrastructure was set worth the name not long ago. Now, after having received 100% of Centre’s share for the said College the project is expected to be ready by now for opening. If not, can anyone believe that this project can ever become a reality? Are the Kohima Medical College and the Kohima High Court Project at Merema twin brothers? Why all the vital infrastructural developments in the Capital are made to become dwarfs after normal birth?
Of all, health is the top prerequisite for man as health is the basis for the joy of life. The wealth, the assets and the world class facilities so possessed by a person are all but the secondary to the possessor as one cannot enjoy those facilities in sickness. Every Govt. is required to keep the health care as its top agenda. The most honest, God fearing and capable person must man the health Departments so as to bring replenishments to the health care systems in Nagaland.
I believe the Health and Family Welfare Department has gut to challenge the standing verdict. This is the opportunity for the concerned Department to proof that the dilapidated and defunct sub-centre at Monyakshu is not within the purview of the Department and therefore is not liable to pay Rs.25 lakh to the victim’s family.
