This PIL sought to eliminate user fees for pregnant women in Tripura under JSSK. Upon consideration of a 2016 memorandum detailing direct payment protocols and free drug provisions, the court held the petition no longer survived.
PIL disposed by directing State-respondents to implement the clauses in the memorandum dated 28.12.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C)(PIL) NO.13/2016
BEFORE
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI HON’BLE MR. JUSTICE S. TALAPATRA
Present: For the petitioner : Mr. M. Debbarma, Advocate. For the respondents : Mr. T.D. Majumder, G.A., Mr. Biswanath Majumder, CGC.
13.06.2017.
Heard Mr. M. Debbarma, the learned counsel for the petitioner. Also heard Mr. T.D. Majumder, the learned Govt. Advocate appearing for the State-respondents.
This PIL is about directing the respondents to implement the Janani-Shishu Suraksha Karyakram (JSSK) in letter and spirit and to completely put an end to user fees for pregnant women delivering in public health facilities of Tripura.
The learned State Counsel draws our attention to the memorandum dated 28.12.2016 annexed to the additional affidavit filed on 12.06.2017 and submits that the Clause therein which says that in no case there should be any need for mother to pay the driver and reimbursed later on; money is to be given to the driver by Health facility directly by cheque. According to him, those provisions have now taken care of the grievances of the petitioner. It may also be noted that under Clause 2.2 of the same memorandum, it has been stated as follows:-
“2.2 Drugs and Consumables:
WP(C)(PIL) NO.13/2016
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estimated no. of ANC cases and Rs.200/- in case of sick infants is by and large provisioned to supplement incidental requirement only. It is an indicative allocation for calculation purpose.
In the light of these two developments, this PIL does not survive for consideration and is accordingly disposed of by directing the State-respondents to implement in letter and spirit the aforesaid Clauses in the memorandum dated 28.12.2016.
JUDGE CHIEF JUSTICE
Pulak
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1 issue framed by the court
Whether the PIL regarding user charges under JSSK survives given updated provisions memoranda dated 28.12.2016
Public Interest Litigation Petitioner
State-Respondents
T. Vaiphei
S. Talapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
