The Supreme Court has termed child malnutrition deaths in tribal areas “very serious” while issuing notice to the Centre and the States on a public interest litigation.
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New Delhi: The Supreme Court on Friday issued notice to the Union of India and the concerned States on a public interest litigation alleging deaths of children from acute malnutrition and preventable disease outbreaks in tribal regions of Madhya Pradesh, Chhattisgarh and Maharashtra, with the Bench describing the issue as “very serious” [Ajab Lal Lilhare v. Union of India and Others].
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the petition filed by Ajab Lal Lilhare, a resident of Balaghat in Madhya Pradesh. Advocate Varun Thakur appeared for the petitioner.
What the petitioner told the Court
Counsel submitted that children were dying daily in the severely affected blocks, where malnutrition is widespread among tribal populations, and that early representations to the authorities and elected representatives went unanswered. According to the petition, a combination of measles-rubella and severe acute malnutrition has killed dozens of children belonging to Particularly Vulnerable Tribal Groups (PVTGs). These are the petitioner’s allegations and have not been tested before the Court.
The petition attributes the situation to a breakdown of the public health system. It alleges an acute shortage of medical officers, immunisation drives that exist only on paper, and a halt in take-home rations and nutritional supplies from Anganwadi centres. It further says that habitations located far from primary health centres lack emergency referral and mobile health units, which pushes residents towards unqualified practitioners.
District Mineral Foundation funds
Counsel also asked the Bench to examine the alleged diversion and non-utilisation of District Mineral Foundation funds, which are meant for health, drinking water and nutrition in mining-affected tribal areas.
The grounds and the reliefs sought
The petitioner contends that the child mortality crisis violates Articles 14 and 21 of the Constitution and the Directive Principles in Articles 39(f) and 47. The petition seeks the following reliefs:
- a declaration that the worst-hit regions are epidemic-prone under the Epidemic Diseases Act, 1897;
- immediate relief, including drinking water and emergency nutrition;
- saturation implementation of tribal welfare schemes, including the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan;
- independent accountability measures; and
- statutory compensation for the families of the deceased children.
What the Court did
After hearing counsel, the Bench called the issue “very serious” and issued notice to the Union of India and the concerned States. The Court has not recorded any finding on the allegations, and the responses of the Centre and the States are awaited.
Why the order matters
The issuance of notice brings the alleged child health emergency in tribal belts of three States before the Supreme Court in a single petition, rather than State by State. The petition frames the deaths as a failure of the right to life and health under Article 21 and of the State’s duty to raise nutrition levels and public health under Article 47, and it asks for enforceable remedies such as epidemic-prone status, compensation and independent accountability.
At this stage the matter is at the notice stage only. The Court has expressed no view on the merits, and the allegations against the authorities remain untested pending their replies.
Case Title: Ajab Lal Lilhare v. Union of India and Others
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
Date of Order: October 9, 2026
Appearance: Advocate Varun Thakur for the petitioner
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