Read Time: 15 minutes
An intervention plea has been filed in the Allahabad High Court, pertaining to a bunch of Public Interest Litigation being heard together in the HC which are related to COVID19 MANAGEMENT cases in the State Of Uttar Pradesh.
“most respectfully prayed that this Hon’ble Court may graciously be pleased to permit the applicant to intervene in the aforesaid suo motu Public Interest Litigation being WPIL No. 574 of 2020, and bring on record certain important facts which would enable this Hon’ble Court to ensure complete justice while deciding the present petition.”- Prayer in the application.
The present application has been moved by one Animesh Bajpai, through his Advocate(s) Devesh Saxena, Shaswat Anand & Talha A. Rahman has filed the present application urging the Government to issue appropriate orders/directions to deal with the prevailing “Black Fungus (Mucromycosis)” and “lack of regulated and proper cremation/burial facilities.”
The applicant in his plea asserted that the instant PIL has played a major role in highlighting the shortcomings on the part of State Government and other local bodies in relation to the crisis management of the global pandemic COVID – 19. In its recent massive outbreak during Second-Wave in the month of March-April, 2021, the Hon’ble High Court has played a paramount, predominant and significant role of a ‘parens patriae and sentinel on the qui vive’ whilst passing slew of crucial and indispensable directions which have given a necessary impetus to the preparedness of the State Government and Local Bodies in combating with ongoing pandemic.
“21. Though, we acknowledge the fact that government alone cannot fight with its available resources and needs people's cooperation and active participation of various other non-government bodies, but those is power must shun the attitude of 'My Way or no way' and should welcome suggestions from all the quarters.”- Excerpt from the plea in intervention asserting order dated 27/4/21 passed by the HC.
The plea further avers that,
“…this Hon’ble Court has been pleased to even observe the same in its slew of orders passed in the present petition that India has been hit by the second wave of the pandemic like no other country and the “overconfidence” of the Governments both at Central and State level has to be blamed for the same. At a time when the country scrambles to gather oxygen and other necessary medication for its Covid-19 patients, many of whom have even died because of its shortage. Unfortunately, those entrusted with the executive duty under the constitution have failed to respond adequately making it imperative for constitutional courts to intervene.”
It is further stated that, the third wave is certainly not inevitable if the Government continues to take strong measures. The preparedness and intent of the Government with respect to the third wave should reflect from the following few facts:
A. Government’s plans to ensure vaccination for every single citizen.
B. Government’s plans to ensure the real-time availability (not just on papers) of necessary medical facilities such as medical oxygen, ventilators, Bi-PAP machines, ECMO machines, lifesaving drugs, and other COVID related necessary medication in both rural as well urban areas.
C. Government’s plans to ensure 100% RTPCR testing in rural areas.
D. Government’s plan to ensure safety of medical and para-medical staff.
E. Government’s plan to facilitate and regulate cremation and burial facilities, having regard to the dignity of the citizens.
On the issue of Black Fungus (Mucromycosis) –
The applicant further put forth that one necessary issue that also needs to be addressed while preparing for the “third wave” is the spread of “Black Fungus” or “Mucormycosis” which has imposed itself as a grave concern for the treatment of Covid as well as Post-Covid Patients. The mortality rate is over 50% of Black Fungus patients.
“a detailed SOP for prescription and use of these drugs is issued by the State Government. Further, the drugs which are being used for treating Mucormycosis patients are quite costly. It has also been informed to this Court that the quantity and dosage of these drugs are very high. If this is so, the treatment of this disease may be out of reach of several patients. Besides this, the incidence of Mucormycosis has also risen alarmingly. In such a situation, some steps must be taken by the Government for bringing down the prices of these drugs to an affordable level.”- Excerpt from the plea
It is also stated that on the crisis caused by the ‘Black Fungus’ or ‘Mucormycosis’, a detailed order dated 19.05.2021 has been passed by the Hon’ble Bombay High Court in Suo Motu PIL No. 4 of 2020 which contains a slew of directions to the Government of Maharashtra in order to keep a check on the disease. The applicant asserted that similar order is necessitated to be passed and State Government should be given directions to work accordingly.
On the issue of lack of regulated and proper cremation/burial facilities –
The plea states that there have been several recent news reports which brought the issue of dead bodies of suspected CoVID victims found floating in the River Ganges, which certainly reflect the lack of regulated and proper cremation and burial facilities in the State. A true copy of a report dated 20.05.2021 published on the website of “BBC” titled “India's holiest river Ganges is swollen with CoVID victims”.
“Right to Receive Respectful Creamation is a basic human right and is also recognized under Article 21 and the same has been affirmed by the Hon’ble Supreme Court in plethora of judgments. However, hundreds of corpses have been found floating in the river or buried in the sand of its banks, thus, portraying the denial of proper cremation/facilities to the deceased. The bodies on the river banks, taken together with funeral pyres burning round-the-clock and cremation grounds running out of space, tell the story of a death toll unseen and unacknowledged in official data.” – Excerpt from the application.
Therefore, the applicant seeks further steps to regulate and increase the capacity of electric cremation/furnaces which can be used as a sustainable alternative for cremation/burial facility without causing much damage to the environment. Also, there have been reports which show that how these electric crematoriums are over-burdened or in shortage and need to be revamped in order to cater to the unprecedented requirement in the State.
WHAT IS AN INTERVENTION APLLICATION –
A third party (the intervener) may file an intervention application to 'interrupt' the proceedings of a case and claim a right to hearing in the interest of justice. He/She assists the Court only on the basis of the pleadings/documents filed by the parties without becoming a party to the matter himself.
Under Order 1 Rule 8A of the Code of Civil Procedure, court can permit a person or group of persons to intervene in a suit if court is satisfied with the reason to intervene. Such a person can intervene even though he is not a party to the case. Court can allow such person or group of persons to address the court and give their opinion for the case.
Court allow only in following situations:
Please Login or Register
