On Tuesday, the Rajasthan High Court issued a directive to both the Union of India and the Rajasthan government, ordering them to provide a compensation of ₹4 lakh to a woman who underwent the traumatic experience of delivering two children, both of whom tragically passed away, while she was stranded on the roadside in 2016.

Justice Anoop Kumar Dhand stated that the woman lost her two children as a result of the "reckless and negligent behavior" exhibited by the staff stationed at the Community Health Centre (CHC) in Khedli. He emphasized that this incident highlights a "death of humanity."

The Court additionally instructed the authorities to expedite the departmental inquiry against the individuals responsible for the negligence, in accordance with the law. It criticized the lack of action taken in this matter.

On April 7, 2016, Phoolmati (the petitioner) was denied treatment due to the absence of the Mamta card, a program designed to assist pregnant women. Consequently, she was compelled to give birth to her children on the roadside.

While one of the children died en route to the hospital, the other succumbed due to the lack of timely medical attention. In 2016, Phoolmati sought redress from the High Court, demanding action against the negligent health staff and the effective enforcement of schemes intended for pregnant women.

The Court at the outset noted that cluster of schemes National Maternity Benefit Scheme (NMBS), National Family Benefit Scheme (NFBS), National Rural Health Mission (NRHM), Janani Suraksha Yojna (JSY), Janani Shishu Suraksha Karyakaram (JSSK) have been framed by the Government of India to reduce infant and maternal mortality.

Regarding the Center's responsibility in implementing the schemes, the Court highlighted that the Government of India was evading its liability solely on the technicality that health falls under the jurisdiction of the states. The Court emphasized that the right to health is a national campaign initiated by the Central government, and therefore, the Union of India must bear the responsibility for ensuring good health outcomes.

While acknowledging that the implementation of schemes primarily falls within the domain of the State, the Court emphasized the indispensable need for cooperation between the Union and State governments for the success of such programs. In the framework of cooperative federalism, the Court asserted that the Union of India cannot limit its obligation solely to the enactment of a scheme; rather, it must ensure its actual realization and implementation. Additionally, the Court commented on the duty of medical professionals to provide assistance in preserving life.