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The suo moto proceedings were taken in 2017 based on news reports about deaths of 90 infants in M G Government Hospital at Banswara in the wake of deaths of infants in tribal and backward areas of the state. The Court appointed Advocate Rajvendra Saraswat as amicus curiae in the matter, which made local inspections and site visits to ascertain ground realities. The amicus highlighted that most hospitals were woefully short of staff and in many cases child births were handled by cleaning/labour staff. In many cases, infants and mothers were found to be shockingly malnourished. The division bench of Chief Justice Ravindra Bhat and Justice Dinesh Mehta called for a report regarding the staff position. The Government report showed nearly 22% shortages of medical officers. The court held that the right to public health care is an intrinsic and essential component of the right to life. The court also emphasized Article 47, where it is the primary duty of the State to improve public health. The bench further cited the Supreme Court judgments like Bandhua Mukti Morcha v. Union of India (AIR 1995 SC 636) and State of Punjab v. Ram Lubhaya Bagga (1998 4 SCC 177). The court has also issued directions to the Government and to file an action taken the report in the form of an affidavit. The said affidavit is to be filed within eight weeks. The court has directed the Government to fill up the vacancies of medical officers in primary health centres in vulnerable and backward areas of the state within four weeks.
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