[COVID-19] The State must provide the real time critical information to its citizen: Uttrakhand High Court issues directions to the State government.
The Uttrakhand High Court yesterday while hearing various PILs regarding the fact that the people were fighting a battle against COVID-19, it has urged the State government to take concrete steps in order to protect citizens observed that,
“Although these cases were slated to be listed on 10.05.2021, but due to the critical condition prevailing in the State with regard to the ongoing COVID-19 pandemic, a request was made by the 2 learned counsel for the petitioners to prepone the date of hearing, and to take up these cases today.”
In the present matter, the division bench comprised the Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma who asked Mr. Amit Negi, the learned Secretary, Medical Health and Family Welfare, with regard to the steps being taken by the State Government for tackling the crisis of COVID-19 pandemic.
The learned Secretary informed the Court, that the State has taken certain substantial steps:
- for breaking the chain of infection of COVID-19, full curfew has been imposed on major cities and towns of the State.
- the State Government has given sufficient discretionary power to all the District Magistrates to decide the extent and duration of the curfew to be imposed in their respective towns and cities. During the full curfew, only essential services and shops, which cater to the essential needs of the people, are 3 permitted to operate; the rest of the shops and services are closed.
He further informed the Court that the State Government has already increased the number of Dedicated Covid Hospitals from five to twelve, and the number of Dedicated Covid Health Centres from twelve to sixteen. Therefore, according to him, the State Government is already trying to fight the pandemic on a war footing.
The court was further informed that, “since the State already has three units, which are producing oxygen tanks, there is no dearth of availability of oxygen tanks within the State. In fact, this is a State, which is supplying oxygen tanks to the other neighbouring states such as Uttar Pradesh and Delhi.”
On the other hand the counsel for the petitioners suggested that a real time portal on availability of oxygen, cylinders, and flow-meters be made available to the public at large.
In another petition yesterday in the court of the present bench in Uttrakhand High Court, the bench observed that,
“Needless to say, it is the constitutional mandate, and the moral duty of the State to save its people from the pandemic. The State must provide the real time critical information to its citizen. The State should co-ordinate with other States, such as Telangana and Rajasthan, where the softwares have already been created for informing the public about the critical information through Real Time Portal. Already the State of Telangana and the State of Rajasthan have established their Real Time Portals for informing the public about the availability of beds, and with regard to the availability of oxygen cylinders and flow-meters. Such softwares can also be duplicated in our State.”
Thus, the bench in the petition above issued the following directions to the State government,
(1) The State shall consider the possibility of seeking necessary software from other States, and of establishing a Real Time Portal for such critical information to be disseminated to the public at the earliest.
(2) Since the list published by the District Magistrate, Dehradun dated 26.04.2021 is discovered to be flawed one, the District Magistrate, Dehradun is directed to correct the same, and to immediately inform the public in District-Dehradun with regard to the availability of oxygen with the suppliers available in District Dehradun.
(3) The District Magistrates are directed to conduct fortnightly meetings with the NGOs and Asha Workers working within their jurisdictions, to demarcate the areas for the NGOs, or to demarcate a particular segment of the society, who are looked-after by the NGOs. The civil administration should cooperate with the NGOs for catering to the needs of the people.
(4) Moreover, the District Magistrates are directed to employ the Asha Workers, who would be in a position to cater to the needs of the people of the demarcated areas.
(5) The competent Authority under the Drugs Act is directed to instruct the Drug Inspectors to inspect the Drug Stores functioning within their jurisdictions, and to ensure that there is no shortage, or over-charging of Remdesivir.
(6) The Government should endeavour to motivate the people to undertake the plasma donation. Since there is a single plasma bank, the Government should also endeavour to convince the Blood Banks to collect plasma in each city/town, and to disburse the same for plasma therapy to the hospitals, which are functioning within each city / town.
(7) The learned Advocate General for the State is directed to submit an interim report with regard to the issue, whether the directions, given by this Court by this order, have been implemented, and the extent upto which these directions have been implemented by the State.
This was directed with the hope that these directions would be implemented in toto within a period of one month. For, there is a distinct possibility that the pandemic may continue for many months to come.
In the present case, the bench of CJ issued the following directions to the State Government-
(i) To immediately establish Dedicated Covid Health Centres, or Dedicated Covid Care Centres in Ramnagar. Since the number of Primary Health Centres (PHCs) functioning in the State is only 239, the number of PHCs should be increased to a reasonable number.
(ii) The Director General, Health to examine the number of E-cards, which have been issued to the people under the Pradhan Mantri Jan Arogya Yojana/Ayushman Bharat Yojana and Deen Dayal Antyodya Upchaar Yojana, and to consider ways and means of increasing the disbursement of such E- cards. The Director General, Health should also ensure that private hospitals permit the people to take advantage of such E-cards, and the private hospitals should treat those persons, who carry such E-cards.
(iii) State government to involve all the private hospitals/clinics/laboratories to carry out the Rapid Antigen Test (RAT)/RT-PCR/TrueNat tests.
(iv) Government should seriously consider employing the registered final year dental surgeons in order to supplement the MBBS and nurses, who are employed, or who are carrying out the pre-screening tests.
(v) To consider providing the staff at Sushila Tiwari Government Hospital at Haldwani, accommodation within or near about the campus so as to prevent the spread of the COVID- 19 virus amongst their family members. Medical staff should be provided with protective gear.
(vi) Appoint a Nodal Officer to act as a bridge between the people and the hospitals, to resolve the problems of the people in getting admission in Covid Care Centres/Health Care Centres/Hospitals.
(vii) All the District Magistrates to ensure that complaints of black-marketing of medicines/essential commodities are immediately enquired into.
(viii) All the District Magistrates to inquire into the overcharging by ambulances for ferrying dead-bodies to crematoriums.
(ix) The Hospitals to make sure that dead bodies are wrapped in body pack kits, and the SOP for disposal of such a dead body is adhered to by the hospital staff, and by the family members of the deceased.
(x) Government to increase the number of cremation grounds by declaring certain areas to be temporary cremation grounds. Further, sufficient quantity of wood should be available in each of such cremation grounds.
(xi) To look into the issue of registration for vaccination especially for those who are eighteen years and above. Also, since there is a difficulty of connectivity in the hilly regions of the State, the government is directed to create an alternative method for such registration with the help of the health authorities.
(xii) To issue guidelines for the disposal of bio-medical waste, both by the hospitals, and the individuals at home.
Further the Secretary of the State Department of Medical Health and Family Welfare Amit Negi is directed to submit a report on or before May 7, 2021 with regard to the implementation of the aforesaid directions.
Both matters will be next heard on May 10.
Case title – Anu Pant v State of Uttrakhand and other writ petitions