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The Delhi High Court on Monday expressed concern over the rise in COVID-19 cases and asked the Centre to examine the availability of oxygen in different states for diverting it to areas of surge and said "it is evident that the healthcare infrastructure is at the stage of imminent collapse".

Taking stock of the plight of daily wagers and migrant labourers in light of the Coronavirus induced pandemic, Court also slammed the Delhi Government for failing to utilise thousands of crores of rupees they are sitting on, which is available with the Board constituted under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and which has been collected as Building cess for construction workers. 

"We direct the GNCTD to ensure that the said Board utilises the monies lying with it, inter alia, to provide food, medicines and other necessities to the needy construction workers at their respective work sites," the division bench of Justice Vipin Sanghi and Justice Rekha Palli noted.

Court also directed the Centre and Delhi government to file affidavits by Tuesday disclosing hospital-wise availability of beds for COVID-19 patients here. It is further stated that the governments in their affidavits shall also give details as to how many hospital beds are with or without ventilators and oxygen support.

"Central government shall examine the availability of oxygen in different states and its need for treatment of COVID-19 patients so that oxygen can be diverted to areas where there is a surge in cases and where it is most required," noted the bench.

In this context, the Court directed the firm Inox, which used to supply oxygen to Delhi hospitals and has suddenly stopped, to restore the oxygen supply immediately as the high court was told that the firm was supplying oxygen to other states. "We direct Inox to honour its contract and supply oxygen to Delhi government and hospitals here and restore 140 metric ton oxygen supply to Delhi immediately which shall in turn be distributed to needy hospitals here."

In the instant case, Delhi High Court suo motu, revived a disposed of petition related to COVID-19 testings and infrastructure, noting that the virus has raised its "ugly head" once again and the pandemic is raging with much greater intensity and "it is evident that the healthcare infrastructure is at the stage of imminent collapse".

The bench was further informed by petitioner advocate Rakesh Malhotra that a large number of laboratories have stopped home collection of samples and are also not taking fresh samples in view of the AAP government's direction to the labs to generate the reports in 24 hours or face action.

The bench stated that it cannot appreciate this stand of the government and observed that,

"Because of this direction (of the government), labs are not willing to collect samples if they are unable to deliver reports in 24 hours. If any such action is taken by the government, it would only be counterproductive. We have to be clear that labs are also hard pressed because of the large numbers they are having today. It would not serve the interest of any laboratory to negligently or deliberately delay the test result,"

Further on the migrant workers crisis, the bench observed that both the Central and Delhi governments have failed in the last year's lockdown and lessons are required to be learnt from it and directed the state government to provide food to daily wagers at their work sites and to utilize the service of contractors who used to prepare mid-day meals in schools.

“One of the lessons that none should forget from the lockdown imposed in the year 2020, is the plight that the daily wagers and migrant labour force which reside and work in GNCTD had to suffer. We have been seeing news reports about migrant labours already going back to their origin states, with the surge in the COVID cases in the GNCTD. With the imposition of curfew till 26.04.2021, the daily wagers – who are hand to mouth, and earn their bread everyday to feed themselves and their families, are once again faced with the grim reality of facing shortage of even basic necessities such as food, clothing and medication”
- observed the bench.

The court directed the Delhi Chief Secretary to ensure implementation of this direction without any delay and the Delhi government has to mention in its affidavit as to how it proposed to implement it. The court, also noted that on Monday the Delhi government has issued an order imposing curfew for six days starting from 10 PM tonight till April 26 till 5 AM, will take up the matter again on Tuesday.

The matter is scheduled to be taken up tomorrow in post-lunch session.
 

Case title – Rakesh Malhotra v Government of NCT of Delhi and ors, 2021