“Recriminations between Central Government & GNCTD Can furnish no solace to citizens whose lives depend on a thin thread of Oxygen Availablity”: SC Directs Central Govt To Rectify Deficit In Oxygen Supply On or Before May 3

The Supreme Court Bench of Justices DY Chandrachud, LN Rao & S Ravindra Bhatt while hearing a suo moto plea related to management of CoVID crisis PAN India has directed the Central Govt to ensure rectification of deficit in the oxygen supply within 2 days from the date of hearing that is on or before the midnight of May 3, 2021. 

“In the battle of shifting responsibility of supplying/off- taking of oxygen, lives of citizens cannot be put in jeopardy. The protection of the lives of citizens is paramount in times of a national crisis and the responsibility falls on both the Central Government and the GNCTD to cooperate with each other to ensure that all possible measures are taken to resolve the situation.”, the Court observed. 

Directions to remedy the situation have been passed in light of the submissions made by the Central Government in its affidavit dated 23 April 2021 wherein it was admitted that the projected demand for GNCTD as of 20 April 2021 had increased by 133% from 300 MT/day to 700 MT/day & as per the figures of the allocation given in the affidavit dated April 23, 2021 & the presentation given by Ms Dawra, the allocation of GNCTD remained at 490 MT/ day.

Further, the Bench has also taken note of the assurances given by Senior Advocate Mr Rahul Mehra for GNCTD for resolving the issues in a spirit of cooperation & of Ld Solicitor General Shri Tushar Mehta for rectifying the deficit in oxygen supply forthwith & further supplying oxygen as per the projected demand of GNCTD on a day to day basis.

With regard to the issue of the supply and availability of medical oxygen for the entire country, the Court has emphasized on the need to create a buffer emergency stock of oxygen which can be used to avoid loss of human lives in the event of disruption in supply chain of one or more hospitals in an area for emergency reason. 

“These emergency stocks must be so distributed so as to be easily accessible without delay in every local area. We have also seen the situation that has developed in the last 24 hours in Delhi where patients, including among them medical professionals, died because of the disruption of supplies and the time lag in the arrival of tankers. This deficit shall be rectified immediately by the Central Government by creating buffer stocks and collaborating with the States through the virtual control room on a 24 by 7 basis. In view of the deaths which are being caused daily by the disruption of supplies, this direction is more crucial than ever.”, the Bench further observed.

The Court has therefore directed the Central Government in collaboration with the States to prepare a buffer stock of oxygen to be used for emergency purposes to ensure supply lines continue to function even in unforeseen circumstances. Directions have further been issued for decentralisation of the location of the emergency stocks so that the same is immediately available if the normal supply chain is disrupted to any hospital for any reason. Further, the Court has directed for creation of the emergency stocks within next 4 days & has also directed for monitoring their replenishment on a real time basis through the virtual control room in active consultation with each state/UT. 

In addition to the above directions, the Court has further directed the Central Government to consider the following suggestions, which might assist in increasing the availability of oxygen and ensure transparency of demand-supply management, and provide a clarification to this Court:

1. We understand that the Virtual Central Control Room of the Central Government displays the allocation of supply of oxygen by the Central Government to each State/UT. By extension of this, a mechanism for displaying real time updates of supply of oxygen from each State to hospitals in each district, along with the remaining stock of oxygen with the hospitals may be maintained and shared with the citizens to ensure transparency. This will also ensure that citizens can easily identify the hospitals where medical aid can be availed;
2. The government shall clarify the steps being taken on planning on the use of oxygen concentrators to reduce the demand of LMO, such that LMO is needed only for critical patients. A comprehensive plan on augmenting the production/import of these oxygen concentrators may be considered;
3. The expected supply of oxygen/containers to be received from outside India should be suitably augmented to cater to anticipated increases in the demand and shortfall of domestic availability. Pending the early finalization of the global tender a decision may be taken on the need to continue imports to bridge the gap in availability; and
4. A review shall be made of any restrictions on inter-State travel of trucks or tankers carrying oxygen/other medical aid equipment (such as GST related issues, documentation) which might cause a hindrance in their movement. The Central Government may consider implementing a system to track and map the supply tankers which would allow better management of resources and allow diversion of resources from one State to the other in case of emergencies.

The Bench has also taken into account the continuing surge of infections in the second wave of the Pandemic & has also directed the Central Government and State Governments to put on record the efforts taken to curb the spread of the virus and the measures that they plan on taking in the near future. At the same time, the Court has also urged the Central and State Governments to consider imposing a ban on mass gatherings and super spreader events & also consider imposing a lockdown to curb the virus in the second wave in the interest of public welfare. 

“Having said that, we are cognizant of the socio-economic impact of a lockdown, specifically, on the marginalized communities. Thus, in case the measure of a lockdown is imposed, arrangements must be made beforehand to cater to the needs of these communities.”, the Court remarked.