Supreme Court on the Management of Covid-19 Pandemic in India

 

Introduction

 

Recently, the Hon’ble Supreme Court passed an Order on 18.12.2020 in the case of In Re: The Proper Treatment of Covid 19 Patients and Dignified Handling of Dead Bodies in the Hospitals etc., Suo Motu Writ Petition (Civil) No. 7/2020, wherein the Court took cognizance of the situation across the country in relation to management of the Covid-19 pandemic with respect to Fire Safety and other issues.

 

Directions in relation to Fire Safety

 

The Court also acknowledged the steps taken by the Union of India, States and Union Territories in this respect. Further, the Court holistically looked at the situation and passed certain directions in relation to ‘Fire Safety’ in Covid Hospitals that are provided as under: -

 

1. All States/Union Territories should appoint one nodal officer for fire safety for each Covid Hospital and a Committee is to be constituted to carry their Fire Audits at regular intervals for taking follow-up action.

 

2. The Covid Hospitals are to apply for obtaining NOC (No Objection Certificate) from the Fire Departments of the States after which appropriate action is to be taken against the errant Covid Hospitals.

 

Duties and Responsibilities of the Governments and the Administrations

 

1. Right to health is a fundamental right guaranteed under Article 21 of the Constitution of India and it includes right to affordable treatment. The State is to make provisions for affordable treatment and if required, there should be a cap on the fees charged by the private hospitals by exercising the powers under the Disaster Management Act, 2005.

 

2. “More and more police personnel shall be deployed at the places where there is likelihood of gathering by the people, such as, Food Courts, Eateries, Vegetable Markets (Wholesale or Retail), sabzi Mandies, bus stations, railway stations, street vendors, etc.”

 

3. As far as possible, no permission is to be granted by the local administrations for celebrations/gatherings even during the day hours and where permission is granted, strict compliance of SOPs is to be ensured.

 

4. The Court also observed that “there shall be more and more testing and to declare the correct facts and figures.” And further, the people are not be misled otherwise they might become negligent.

 

5. Guidelines under the Disaster Management Act, 2005, in relation to keeping private hospital’s beds free must be strictly complied with and helpline numbers in this regard must be setup.

 

6. “Curfew on weekends/night be considered by States where it is not in place.” Any decision relating to curfew must be announced long in advance to give time to people to make provisions.

 

7. To cut the chain of transmission in areas where number of cases are on higher scale, sealing and lockdown should be done.

 

8. Political parties must follow the guidelines issued by the Election Commission of India in relation to Covid-19.

 

9. Some mechanism may be required for the doctors, nurses and the health workers to give them intermittent rest, as they are already exhausted physically and mentally.

 

Other Observations by the Court

 

The Court also observed that people too have a duty to perform their fundamental duties and they must follow the rules made by the governments “very strictly” failing which they cannot be permitted to infringe the rights of other citizens which includes the right to health. It further acknowledged that “It cannot be disputed that for whatever reasons the treatment has become costlier and costlier and it is not affordable to the common people at all. Even if one survives from COVID-19, many times financially and economically he is finished…”

 

Interestingly, the Court also stated as under: -

 

“5. Due to unprecedented Pandemic, everybody in the world is suffering, one way or the other. It is a world war against COVID-19. Therefore, there shall be Government Public Partnership to avoid world war against COVID-19.”

 

Concluding Remarks

 

The Order pronounced by the Supreme Court explains the profound and the dire state of affairs prevalent everywhere. I too acquiesce to the fact that people are confused, require guidance and need some respite. I think one of the most important observations by the Court is that there is a need to devise some mechanism to provide rest to the health workers since they are the ones at the forefront and are truly exhausted.  I wish to conclude by saying that these are tough times for everyone, and we must show patience, faith and courage in our common knowledge and wisdom in such times.