A/HRC/14/20/Add.2
88.
There are some existing accountability mechanisms in relation to the private health
sector. Under the Consumer Protection Act (1986), for example, courts may receive claims
of medical negligence and award compensation to aggrieved individuals and families.
However, existing mechanisms are not remotely adequate.
89.
The lack of significant progress towards establishing an appropriate, effective
regulatory framework for the private health sector places the Government of India in breach
of its right to health responsibilities.
5.
Conclusion: the critical role of an independent body
90.
In India, monitoring, accountability and redress in relation to the public and private
health sectors is egregiously underdeveloped. One approach to this enormous problem is for
the authorities to establish transparent, effective, accessible, autonomous health
commissions at the federal and state levels, reporting to their legislatures, to regulate and
monitor the private and public health sectors, to ensure that they deliver quality health
services for all, including in relation to maternal health. In the meantime, however, urgent
steps must be taken to enhance monitoring, accountability and redress in relation to
maternal mortality. A few specific, practical, illustrative measures have been identified in
these paragraphs.
91.
The Special Rapporteur strongly recommends that the Government of India urgently
establish an independent body to accelerate progress towards the reduction of maternal
mortality and the achievement of this vital component of Millennium Development Goal 5.
The authorities must decide the best institutional form for this important independent body.
It could report directly to Parliament, the Prime Minister’s Office, or both. It could be along
the lines of a maternal mortality ombudsman, either part of an existing body, such as the
National Human Rights Commission, or a new, self-standing institution. In either case, the
body must be properly resourced, transparent, accessible, effective and independent, with
appropriate powers. The independent body should not be responsible for the practical
delivery of policies and programmes but for galvanizing action and, above all, for ensuring
that those in authority properly discharge their responsibilities to reduce maternal mortality.
Its duties should include those signalled in the preceding discussion on maternal death
reviews and EmOC indicators.
92.
Enhancing monitoring, accountability and redress for maternal mortality in the
public and private sectors, including public-private partnerships, demands the sustained
attention of national, state and local government, international organizations, professional
associations, national and state human rights and women’s institutions, civil society and
community-based organizations, the courts and the media. The maternal mortality
ombudsman — or other independent body designated by the Government of India — has a
decisive role to play in this critically important process.
V. Conclusion
93.
For a middle-income country of its stature and level of development, the rate of
maternal deaths in India is shocking, raising multiple human rights issues.
94.
In India, some 300 maternal deaths occur for every 100,000 live births,
compared to 45 in China, 56 in Sri Lanka, 16 in Chile, 45 in Cuba, 110 in Brazil, 130
in Egypt and 210 in Namibia.55 A total of 20 per cent of the world’s maternal deaths
occur in India. More women — about 100,000 yearly — die in India during childbirth
55
20
WHO and others, Maternal Mortality in 2005 (Geneva, 2007), pp. 23–26.
GE.10-12866