Several Writ Petitions were filed regarding the conditions prevailing concerning COVID-19. The High Court of Delhi on 30.04.2021 heard the said Petitions and laid down the necessary guidelines.
Facts of the case
Several Writ Petitions were filed before the court with several problems regarding COVID-19. One such application is filed on behalf of Rescue Hospitals India Pvt Ltd, Dwarka concerning the lack of supplies of Oxygen. In another case, it was pointed out that the order dated 27.04.2021 is impending the working of the Seth Air Products and affecting the supply of gas cylinders to the NCT of Delhi. Moreover, it was also stated in another case that no supplies of oxygen cylinders have been made despite the GNCTD issuing the allocation orders. Various Writ Petitions faced similar problems.
Court’s Observations
It was informed to the court that Nitrogen Generation plants have been retrofitted so as to convert them to produce Medical oxygen at some places in Maharashtra, Madhya Pradesh, and Gujarat. Several suggestions were also made before this court. It was suggested to speed up the Rapid Antigen Tests, in addition to the RT-PCR Tests. Further, the mobile vans should be set up to conduct the said tests in containment zones and hospitals where COVID-19 patients are treated. It was also suggested to utilize hospital and hotel rooms so that health workers would not have to return to their residence, as that poses a risk of infection being transmitted to their families. Also, it was submitted that vehicles of DTC/Home Guards should be utilized for transporting gas cylinders and other equipment, rather than ambulances, which should be used to ferry patients. It was further submitted that any SUV can be converted into an ambulance and since there is a severe dearth of ambulances, the State should also consider converting some SUVs to ambulances. Another aspect raised before the court was regarding the up-gradation of hospital bed occupancy status on the portal of the GNCTD.
Court’s Judgement
The court ordered the Nodal Officers to examine the said aspect of lack of Oxygen and to take appropriate steps urgently. It was also said by the court that hospitals should update the data regarding hospital beds as frequently as possible in the present circumstances. It was also suggested by the court that the supplier should create Whatsapp groups with hospitals allocated to them and post on the said group information regarding the timing of supply and also share the GPS location of the tankers in which oxygen is supplied. In one of the Writ Petitions, the court also stated that the state has failed in fulfilling its obligations of protecting the basic Fundamental Right i.e. Right to Life acknowledged in Article 21 of the Constitution of India.
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