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2021 (4) TMI 1058 - HC - Indian LawsAvailability of beds for COVID patients - availability of medical Oxygen in the NCT of Delhi - Efficient usage of Oxygen - testing facilities for Covid-19 through the RT-PCR test - critical medicines required for the treatment of serious Covid-19 patients falling in short supply - Wastages of vaccine. Availability of beds for COVID patients - HELD THAT - Ms.Roli Khare, Director, Ministry of Health and Family Welfare has stated that the Central Government is endeavoring to make more beds available. She states that presently the hospitals of the Central Government are occupied by non-covid patients in need of critical care, such as patients who require dialysis, or suffering from cancer and other serious disease. Considering the fact that the number of COVID patients, who are now needing hospitals if for greater than the numbers which were turning up last year even during the peak of the pandemic, the Central Government should urgently look to allocate more beds among their hospitals for COVID patients - Central Government directed to look into the aspect of bed allocation for COVID patients keeping in view the prevailing circumstances, and report in this regard on the next date of hearing i.e. 22.04.2021. Availability of medical Oxygen in the NCT of Delhi - HELD THAT - Looking to the number of COVID positive patients all over the country, and the pattern which is emerging with regard to the spread of the viral infection and the severity with which it is impacting people in different States and regions, we direct the Central Government to review the allocation of Oxygen on a dynamic basis i.e. on a day to day basis, so that its utilization is achieved in the most efficient manner. Efficient usage of Oxygen - HELD THAT - The need for oxygen is now. Any delay in this regard would lead to loss of precious lives. We, therefore, direct the Central Government to implement the said decision forthwith, and make available oxygen to hospitals which are running out of their supplies, lest there is grave loss of life suffered by patients being treated thereat. Ramping up of the testing facilities for Covid-19 through the RT-PCR test - HELD THAT - For the purpose of setting up of Covid testing facilities, the entrepreneurs/ doctors have to obtain clearance from the Indian Council for Medical Research (ICMR). It has been brought to our notice that the procedure for such clearances is also highly time consuming. We do not wish to, in any way, impinge on the authority of ICMR, and we do not expect the ICMR to relax its standards in the matter of granting its permissions and clearances. However, looking to the present day situation, we direct the ICMR to give top priority for such clearances so that the RTPCR Labs could be set up or expanded without any delay. Delay in preparation of RT-PCR Test Reports - HELD THAT - The patients who undergo the RT-PCR test,s are required to provide their Aadhar Cards. Despite that being the position, the testing agencies are required to fill up detailed forms online, which take up to 15 minutes per form. We, therefore, direct the Central Government, and the ICMR, to review the form in which the information is required to be uploaded by the testing agencies, so as to reduce their burden and wastage of time, as this appears to be acting as a bottleneck in the matter of preparation of reports. Critical medicines required for the treatment of serious Covid-19 patients falling in short supply, and also being sold at a premium in the black market - HELD THAT - The Central Government should dynamically review the distribution of Remedesivir in the States and Union Territories on a daily basis, on the basis of the need, assessed on the basis of the serious active Covid patients, who need to be administered the said Drug. This is essential to maximise the efficient use of the said Drug - Looking to the present day situation, there can be no doubt that a case is made out for exercise of its power by the Central Government/ Controller under the aforesaid provisions of law. At the same time, the interests of the Patent holders/ licensees should be kept in mind, since it on account of their investments, inventions and hard work that such like medicines are made available to the public at large. The best course would be encourage the existing manufacturers to ramp up their production on a war footing. They should also be encouraged to grant voluntary licenses to other entities to manufacture the requisite drugs. Wastage of vaccines - as many as about 44 lakhs vaccines have been wasted out of the 10 crores vaccines allocated to different States - HELD THAT - This is because of the restriction with regard to the age, or category of people who are entitled to take the vaccine. According to the present dispensation, people who are above 45 years of age are entitled to take the vaccine. The Government has recently announced that from 01.05.2021, all above the age of 18 years would be entitled to take the vaccine. In our view, wastage of even a single dose of vaccine, when the same is proving to be life saving, would be a criminal waste. We are informed that each vial of the vaccine has 10 doses. Once the vial is opened, it has to be either fully consumed, or the remainder goes waste. It should be possible for the Government(s) to devise ways and means so as to register volunteers who may be below the age group of 45 years, and above the age of 18 years who could be called upon to take the residual doses of vaccine, in case, there are doses left unutilised after, say, 05.00 P.M on each day. That would ensure that all the doses are fully utilised, and not wasted - We direct the Government to look into this aspect forthwith and report status on the next date. List on 22.04.2021.
Issues Involved:
1. Incorrect recording of counsel appearance. 2. Availability of COVID beds. 3. Availability of medical oxygen. 4. Ramping up of testing facilities. 5. Shortage and distribution of critical medicines. 6. Wastage of vaccines. Issue-wise Detailed Analysis: 1. Incorrect Recording of Counsel Appearance: At the outset, it was pointed out that the appearance of Mr. Rahul Mehra, learned senior counsel representing the GNCTD and Mr. Satyakam, ASC, was not correctly recorded in the previous order dated 19.04.2021. The correct position was acknowledged and recorded. 2. Availability of COVID Beds: The Central Government filed an affidavit detailing the availability of COVID beds, including the establishment of a 500 ICU bedded DRDO COVID Care Hospital in Delhi Cantt. It was noted that 250 ICU beds had been operationalized with another 250 to be operationalized by 22.04.2021. Additionally, the Central Government provided 763 ventilators to GNCTD and allocated more beds in its hospitals and facilities for COVID patients. The court directed the Central Government to urgently look into the aspect of bed allocation for COVID patients and report on the next date of hearing. 3. Availability of Medical Oxygen: The situation regarding medical oxygen was described as alarming, with a dramatic drop in availability in hospitals. The Department for Promotion of Industries and Internal Trade (DPIIT) was looking into diverting oxygen from industrial use for medical use, with an allocation of 378 MT per day for Delhi. However, there was a significant shortage, with the requirement stated to be 700 MT per day. The court directed the Central Government to implement the diversion of oxygen supplies from industrial use to medical use immediately and issued a Notice of Contempt to M/s INOX for noncompliance with the previous order. 4. Ramping Up of Testing Facilities: The court addressed the need to ramp up testing facilities for COVID-19 through RT-PCR tests. It was noted that the equipment for setting up RT-PCR test labs was being dealt with routinely at Customs Ports, causing delays. The court directed the Central Government to prioritize the clearance of such medical equipment and for the ICMR to expedite the clearance process for setting up or expanding RT-PCR labs. The court also directed a review of the form required for uploading test results to reduce the burden on testing agencies. 5. Shortage and Distribution of Critical Medicines: The court highlighted the shortage of critical medicines, including Remdesivir, and directed the Central Government to dynamically review its distribution based on the need. The court also noted the need to ramp up the production of other essential drugs and encouraged the Central Government to use its powers under the Patents Act to ensure adequate supply. The court emphasized the urgency of addressing the issue of hoarding and black marketing of critical medicines. 6. Wastage of Vaccines: The court took note of the wastage of vaccines and suggested that the government devise ways to utilize residual doses to avoid wastage. The court recommended modifying the mobile COVIN application to register volunteers who could take the leftover doses and directed the government to report on this aspect urgently. Conclusion: The court issued several directives to address the critical issues of COVID bed availability, medical oxygen supply, testing facilities, and the shortage and distribution of critical medicines. It emphasized the need for immediate action and efficient utilization of resources to mitigate the impact of the COVID-19 pandemic. The next hearing was scheduled for 22.04.2021.
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