We need to get answers as all the victims are kids: SC

The Supreme Court on Monday asked the Centre and the Bihar government to inform about the steps taken to prevent the death of children due to the outbreak of acute encephalitis syndrome (AES), saying this raised questions on availability of adequate medicines as well as the policy on public healthcare.

A bench of Justices Sanjiv Khanna and B R Gavai said we need to get answers as all the victims were children.

The court issued a notice to the Centre and Bihar and asked them to file their counter affidavit within 7 days, acting on a PIL filed badvocate Manohar Pratap.

"This PIL raises a matter of grave concern about nutrition, sanitisation and hygiene," the bench said.

The court also sought a reply from Uttar Pradesh government as the petitioner contended similar death of children took place over there last year.

It posted the matter for further hearing after 10 days.

The acute encephalitis syndrome (AES) in Bihar's Muzaffarpur has so far claimed lives of more than 140 children.

The petitioner contended the state and central governments have been constantly ignoring the deaths of young children which are exceeding in thousands in numbers every year.

"The children are losing their lives in scores due to unavailability of medicines, proper care and lack of intensive care units in the hospitals of the area," their petition stated.

The Centre, as well as the state government, should immediately arrange 500 intensive care units with required medical professionals to deal with the emergent situation due to outbreak of the disease, the petitoner-advocate said.

They alleged there was a complete failure of state machinery to deal with the wide outbreak of AES or Chamki Bukhar.

The strikes of the doctors on issue of their safety has co-incidentally collided with the outbreak of the diseases which is also affecting the proper care of the patients, the plea added.

“There is no availability of doctors, beds, intensive care units, medical professionals to deal with an epidemic level situation which has resulted in more than 126 reported death of children in state of Bihar particularly in Muzaffarpur and its adjoining areas,” the plea said.

The petitioners quoted media reports which reported that the Superintendent of SK Medical College, Muzaffarpur, where most of the affected children are being treated has expressed his inability to cure the affected children due to acute shortage of medical facilities.

They contended the state government must be directed to grant compensation of Rs 10 Lakhs to surviving members of family of deceased who have died due to "negligence of the state machinery".

They said all possible preventive steps must be taken by the Centre, Bihar and Uttar Pradesh governments to stop the outbreak of the said disease which had seen Gorakhpur as its epicentre earlier.

The petitioners said directions should be issued to widely publish and advertise the preventive steps and first aid which requires to be given to the patient in case of AES.

The governments must set up a fact finding team to determine the negligence on the part of concerned people in mass death of children, they said.