ORAL ORDER R. M. LODHA, J. :- In continuation of various affidavits filed on be of the State Government and the directions issued by this Court from time to time, further affidavit has been filed on behalf of the State Government by Raju Manohar Jotkar, Assistant Director of Health Services on September 2006. 2. It is apparent from the affidavit dated September 20, 2006 that the Government has failed to combat child deaths within the State, tribal as well non-tribal areas. In 15 tribal districts of the State, in the year 2003-04, the c mortality was 8,321 while in the years 2004-05 and 2005-06, it was 8,003 7,700, respectively. That means, there is only a marginal decrease in child d despite the claim of the State Government that various welfare schemes h been launched in the tribal districts. The statement annexed with the affidavit also revealing and saddens us. It appears that the child death of one to six year of age has been on increase over the years except the marginal decrease last year It leads us to infer that either the welfare schemes framed by the S Government are not being implemented properly as it should be or that s schemes have failed to have any impact. Is it not slur on the society that after more than eight years and five decades of independence, the State is hay large number of child deaths due to malnutrition as a major contributory fact In almost all the affidavits filed on behalf of the State Government, from time to time, the statement has been made that the State Government is doing its best to combat the child that the child deaths and that the welfare schemes are being implemented, but figuures that have come on record belie the claim of the State Government. 3. On 12-12-2003, the State Government constituted Child Mortality Evaluation Committee under the chairmanship of Dr. Abhay Bang. The committee comprised of 13 other members and has submitted two reports. The report dealt with improving registration of the infant deaths and the child , in the tribal areas and in the second report measures to be taken for, infant mortality, child mortality, maternal mortality and child malnutrition in bal districts of the State have been recommended. In the affidavits filed by State Government from time to time, the recommendations made by Dr. In the affidavits filed by State Government from time to time, the recommendations made by Dr. Abhay Bang Committee and the actions taken in that regard have been mentioned. The facts and figures of the infant and child mortality that have come record show that the steps taken by the State Government so far are not adequate and much more effective steps need to be taken. 4. We may also notice here the affidavit filed on 4-10-2005 by one Pranali veen Chitnis, Under Secretary in the office of the Secretary, Women and child Development Department wherein the statement has been made that the additional sanctioned 12,684 Anganwadi Centres will be made functional by June 2006. 5, To our specific query to the Additional Government Pleader as to whether the sanctioned additional 12,684 Anganwadi Centres have become functional, the Additional Government Pleader submitted that according to the functions given by Dr. Prakash Doke, about 80% of the said additional Aganwadi Centres have come into operation; all the additional 12,684 Anganwadi Centres have not become functional. 6. It needs no emphasis by us that by such large number of child deaths; nutrition being major contributory factor, there is wholesome violation of which 21 of the Constitution of India by the State Government. The salutary directive given in Article 47 of the Constitution of India that the State shall Government the raising of the level of nutrition and the standard of living of its people the improvement of public health as among its primary duties appears to be distant dream in tribal areas. If the thousands of children die every year in the of Maharashtra, more particularly in tribal areas; malnutrition being major contributory factor, the only inference that can be drawn is that the State government has failed in its primary duty in raising the level of nutrition of feeding mothers and the children. 7. Having considered the recommendations given in the two reports by Dr. hay Bang Committee, the magnitude and seriousness of the matter, the action en so far by the State Government and the Constitutional provisions, we issue, following directions as of now :- (i) The State Government shall make functional additional 12,684 Anganwadi Centres as per the Government of India guidelines as set out in the affidavit dated 4-10-2005 by 31-10-2006. hay Bang Committee, the magnitude and seriousness of the matter, the action en so far by the State Government and the Constitutional provisions, we issue, following directions as of now :- (i) The State Government shall make functional additional 12,684 Anganwadi Centres as per the Government of India guidelines as set out in the affidavit dated 4-10-2005 by 31-10-2006. Failure to do so shall expose the Principal Secretary, Women and Child Development Department, Mantralaya, Mumbai, to an action under the Contempt of Courts Act, 1971. (II) The State Government shall initiate the Mission “Bal Mrutyu Mukta Maharashtra" (by whatever name called) as sugges Dr. Abhay Bang Committee and, accordingly, modify "RJijau Maternal Child Health and Nutrition Mission" starte 11-3-2005 to ensure that the infant mortality rate d malnutrition is reduced to almost nil within five years from In other words, the State Government shall ensure that b September, 2011, the infant mortality rate due to malnutrition brought down to almost nil in tribal as well as non-tribal are (iii) To begin with, the State Government shall, as suggested Abhay Bang Committee, identify malnutrition free village maternal death and child death free villages and felicitate villages. To achieve that more and more villages are malnutrition free and maternal death and child death free, the Government shall give responsibility and funds to Panchayats and self-help groups. (iv) The State Government shall involve the local Gram Pane self-help groups and non-Governmental Organizations for of child deaths and malnutrition. (v) While reviewing the assessment of the offcers/workers in the Health Department, officers and workers who contributed in controlling child deaths and malnutrition prevention of child mortality, adequate incentives shall be give such officers and workers. (vi) The scheme, Rajmata Jijau Maternal Child Health and Nu Mission, be adequately modified by providing more fact adequate medicines and kits to Anganwadis which may eradicating malnutrition deaths. (vii) The State Government, as far as possible, may involve Gram Sabha where tribal areas are concerned, for the develop programme planning. (vi) The scheme, Rajmata Jijau Maternal Child Health and Nu Mission, be adequately modified by providing more fact adequate medicines and kits to Anganwadis which may eradicating malnutrition deaths. (vii) The State Government, as far as possible, may involve Gram Sabha where tribal areas are concerned, for the develop programme planning. (viii) The Female Pada volunteers who have been appointed districts must be suitably trained for management of co childhood problems and also for home-based neonatal Training programme must start, if not started so far, by 1-1- (ix) For emergency referral of pregnant women, transport sho made available or the provision for delivery vans should be (x) As per infant mortality rate and severe malnutrition, high areas should be identified and these areas should be provide additional budget and requisite resources. If necessary, Sanjivani Programme initiated by the State Government modified to ensure that it has the desired impact. (xi) The State Government shall issue instructions to the Collect 15 tribal districts to spend minimum of two days in a month tribal villages of the district where there is high rate of mortality and severity of malnutrition and during their stay tribal villages, the Collectors shall co-ordinate with all agencies, including N.G.Os, involved in the mission. If there is no substance improvement including N.G.Os., involved in the mission. If there is no substantial improvement in combating the child deaths due to malnutrition in a particular district, the poor performance in this regard must be reflected in the service record of the concerned Collector. Xii) The Chief Secretary shall ensure that every single rupee allocated in the State budget to the various schemes for the purposes of combating child mortality and malnutrition, is used for such purposes timely and percolates down to the needy. (xiii) The State Government shall ensure the availability of the Doctors and the emergency obstetrics Centres not only in district hospitals but also in small places. 8. The Chief Secretary shall submit the compliance report on affidavit by -2006. Stand over to 19-10-2006. Order accordingly.