D.N.Patel,J. - (1.) These Public Interest Litigations have been preferred with the following prayers:- W.P. (PIL) No. 7032 of 2012 a) For a writ or mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to strict implement the guarantees under the National Rural Health Mission (NRHIM), Janani Surakshan Yojna (JSY), National Maternity Benefit Scheme (NMBS), Integrated Child Development Scheme (ICDS) Schemes, specially, to ensure adequate facilities are set up in order to deliver NRHM service guarantees, including but limited to emergency obstetrical care, access to safe abortion services,m timely and adequate referral system, and access to a functioning blood bank. AND b) For an order mandating development and implementation of a time bound Plan of Action for implementation of NRHM services as established under the MoUs. AND c) For an order directing an audit and quality control review of all health facilities be done in Godda District by a third party commission including representatives from civil society appointed by the Court. Further to make publicity available the findings of the Audit and the Action Taken on these findings. AND d) For an order directing the establishment of an efficient and transparent mechanism to review and monitor the implementation and delivery of NRHM services, in particular the expenditure of Government. Data collected during the process of review must take into consideration factors such as, inter alia, conditions of health infrastructure, quality of care provided, and use of ambulance service. AND e) Issue a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to establish a system of free transportation between facilities. AND f) For an order directing Respondent to immediately ensure the appointment of a sufficient number of Doctors, health professionals and support staff that are available 24 hours and 7 days at each level -Primary Health Centres (PHC), Community Health Centers (CHC), Sub Health Centre (SHC) and District Hospitals (DH) -of health institutions in Godda District. AND g) For a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to establish a qualified committee to conduct and publish maternal death audits. AND h) For a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to collect data and implement nationally and internationally recognized policies regarding malaria and pregnancy. AND i) For an order directing Respondents develop and implement training modules for health professionals & community members on the risk associated with contracting malaria during pregnancy and the types of preventive and treatable measures available. AND j) For a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to implement a centralized, accountable referral system which must provide patient with the minimum information at time of referral: (1) name of referral facility, (2) contract information of referral facility including staff member name, address, and phone number, (3) reason for referral, (4) diagnosis and treatment to be sought at referral facility, (5) contact information of referring hospital in case of questions or concerns, (6) copies of all medical records and discharge slip(s), and (7) free transport of BPL patients. AND k) For a writ or mandamus or any other writ, order or direction in the nature of mandamus directing the respondents to develop and implement a Grievance Redressal Mechanism to enable persons to report and if necessary, file health complaints with an Independent Commission/State Health Minister charged with overseeing the NRHM. Grievance mechanism must include a 24-hour emergency hot line, be accessible to persons living in rural areas, and compel the state agency to respond within a specified, time-sensitive period. AND l. For a writ of mandamus or any other writ,m order or direction in the nature of mandamus directing the respondents to provide compensation to the victims and/or their families. W.P. (PIL) No.2810 of 2012 (a) For issuance of an appropriate writ(s)/ order(s)/ direction(s) directing and commanding upon the respondents authority for the strict implementation and enforcement of "The Unorganised Workers Social Security Act, 2008" in the State of Jharkhand. (b) For issuance of an appropriate writ(s)/ order(s)/ direction(s) directing and commanding upon the respondents authority to frame the mandatory rules under the Unorganised Workers' Social Security Act, 2008. AND (c) For issuance of an appropriate writ(s)/ order(s)/ direction(s) directing and commanding upon the respondent authorities for the constitution of State Social Security Board in the State of Jharkhand.
(2.) We have heard Mr. Anup Kumar Agrawal , learned counsel, and we appreciate the services rendered by him. Nicely the matter has been argued out by this counsel and he has brought to our notice several aspects of the matter. As for example, the Labour Laws which are enacted by the Parliament and the State Legislature, namely, the Industrial Disputes Act, the Workmen's Compensation Act, the Factories Act, etc are applicable to very limited number of workers/employees as defined under the Acts and as per one survey report, only 3% of the labourers are covered under those enacted legislatives. 97% of the workers are beyond the purview of these Labour Laws and, therefore, the Unorganised Workers Social Security Act, 2008 has been enacted by the Parliament which covers most of the left-out workers. It has also been pointed out by the counsel for the petitioners that under the said Act, especially under Section 3 thereof, various schemes have to be formulated and under Section 6 thereof as well as Rules under Section 14 of the Act have also been enacted after filing of these Public Interest Litigations and, therefore, all these credit goes to these petitioners. No Board was constituted in the State of Jharkhand before these writ petitions were filed.
(3.) We have passed several orders in both these Public Interest Litigations. We have also given directions to the Board as envisaged under Section 6 of the Act. Now, the Board has been constituted.;