The attitude of those in power, 'My Way or no way' should be curtailed and they should welcome suggestions from all the quarters observed Allahabad HC.

The Allahabad HC on 27^th April, 2021 while hearing a Public Interest Litigation regarding inhuman conditions at quarantine centres and for providing better treatment to Corona positive patients observed that,

“City population is in complete grip of Corona virus called COVID19 and so people are getting infected in a large number every day forming a complete chain for every next coming day. People are waiting in queues outside every hospital in search of a bed for survival but only a very few lucky ones are getting chance and even non-Covid patients and those who have become negative and are facing acute respiratory problem due to Covid involvement in lungs, are not getting beds. Thus, public health infrastructure has attained saturation”

The division bench of Justices Ajit Kumar and Siddhartha Varma noted that,

“From the perusal of affidavit what we find is that the Government has come out with various plans, programmes, guidelines but the hard fact is that except, as the Government claims in its statistics that number of total infected persons have come down in the last 2-3 days, nothing more is seen to give some respite to our doctors, medical and paramedical staff and those who are involved in CT Scanning and pathology because large number of such workers have gone positive and the backup system seems not to be working to the satisfaction of the people,”

As the Government in its wisdom has resolved to only two days weekend lockdown to break the chain and has further proceeded with some measures as a sequel to that but mere fact that number of positive cases as have been shown to have been reduced a little in numbers due two weekend lockdown days, nothing remarkable seems to have been achieved on the front of public health care to the satisfaction of the people, noticed the court.

After the discussions with various counsels the bench found out two things that are required to be streamlined immediately;

A) the management of public health infrastructure; and

B) raising or enhancing the infrastructure to at least meet 1% of the city's population in every district of the state.

As far as management of existing infrastructure is concerned, the bench opined that the hospitals and their staff though are working day and night i.e. 24 x 7 but the management of system is still not up to mark. For easing out the situation and the given paraphernalia the bench proposed the following steps to be taken by the Government immediately in the cities of Lucknow, Prayagraj, Varanasi, Agra, Kanpur Nagar, Gorakhpur and Jhansi –

1. Major government hospitals of the above cities of Lucknow, Prayagraj, Varanasi, Agra, Kanpur Nagar, Gorakhpur and Jhansi should have health bulletin system twice a day apprising people of health updates of the patients to avoid visiting attendants to hospitals. The hospitals may use large screens to give details of patients and their saturation levels. This will definitely help in reducing the number of visitors every day to the hospitals and chances of spread of further infection. The government is also directed to declare on its district portal of the above cities the occupied and vacant positions of beds in covid wards and ICUs of all government hospitals and covid assigned private hospitals and government is also directed to make wide publication of its district covid portals and sites in news papers and also through public announcement systems.
2. Mere antigen negative report should not be a ground to throw a patient out of the hospital as such patients can still infect others. They needed to be shifted to non-Covid wards for at least a week and for this government needs to gear up to set up makeshift wards on the campus of the hospitals if there is a space so that there may not be problem of nursing staff and health workers. Availability of oxygen is to be ensured in those wards also as SPO2 level still can be on a lower side.
3. Every bed in level two hospitals must be supported with a BiPAP machine and there should be availability of High Flow Cannula Mask at the rate of one per two beds and there should be ventilator available in ICUs at the rate of one per three beds available in ordinary covid wards.
4. Government hospital should be provided with sufficient medicines and injections including Remdesivir for patients to be treated, oxygen supply to hospitals should remain uninterrupted. This should be ensured at all cost so that no one should die for want of oxygen. If even after seven decades of our attaining freedom with so many heavy industries set up, we are not able to provide oxygen to our citizens, it’s a matter of shame. We further direct that despite rules regulations framed for transporting and disposal of industrial oxygen, it should be immediately diverted to the use of people making it Medical Oxygen and its immediate uninterrupted supply for the said purpose be ensured by the Government.
5. Health workers should be engaged on contract basis. Also such other staff including data feeders and computer operators should be likewise employed as testing sample and their collections are to be carried out on a very large scale continuously so that a large number of the cities' population is at least tested for Covid and it gets its result in time. It is unfortunate that even one percent of the city's population of each of the major districts of the State that are hit by Covid has not been tested so far ever since the second wave has hit the State.
6. The management of the Doctors, medical and paramedical staff needs an urgent attention. They are all working day and night and are getting infected as well when they remain amidst the Covid patients day and night. Effort should be to rotate the staff six hourly to give it the required rest.
7. Now since the existing medical health infrastructure in the major cities of Uttar Pradesh has attained saturation, a sustained growth thereof by way of enhancement has to be made. While building structure is a time taking task, optimum use of existing building should be made and setting up of makeshift wards upon the open space on the campuses of the hospitals should be thought of; the Government and district administration is directed to study viability of setting up more and more Level1 covid centres with all requisite facilities so that people voluntarily approach there and stay to curb further spread and help in admission to L2/L3 as per need.
8. The number of ambulances must be increased immediately and these ambulances that are requisitioned or purchased must be well equipped with life saving devices;
9. The Government must ensure that every death in all covid hospitals and assigned private hospitals and other Covid Centres in every district is reported to a Judicial Officer to be appointed by District Judge at the end of the day. Above all the administration of government hospitals is emerging as a larger issue these days and it should be addressed. Food, sanitation and other budgetary aspects should not come in the way of treatment of those admitted and patients must be supplied with good quality food and potable water and paper napkins at every meal which should be served at least 4 times a day in all levels of covid hospitals and covid centres.
10. Sanitization of hospitals, its corridors and washrooms must be undertaken at least three times to four times a day.
11. The hospitals that have been taken over or assigned as Covid health centres must be ensured to be well-equipped with all needed medical devices including BiPAP machine High Flow Cannula Mask and ventilators and that too all should be in sufficient numbers and constant oxygen supply must also be ensured to these hospitals.

The bench further directed that the directions which they have given above as (I) to (xii) should be carried out in letter and spirit. A blue print for raising the existing infrastructure should be produced before them on the next date. A compliance affidavit of an officer of the level of a secretary to the government shall be filed on the next date fixed.

The court further addressed to the verified news item dated 26.04.2021 published on the official website of Hindi news daily 'Amar Ujala' https://www.amarujala.com wherein it has been reported that 135 Teachers, Shiksha Mitras and Investigators, who were assigned election duty, have died, and thus proceeded to take judicial notice of the same.

“In view of the above, let notices be issued to U.P. State Election Commission, Lucknow to explain by the next date fixed as to why it failed in checking non compliance of covid guidelines during various phases of the panchayat elections held recently and why action may not be taken against it and its officials for the same and to prosecute those responsible for such violations.

… the State Election Commission is further directed to take immediately all such measures in forthcoming phases of panchayat elections in the State to ensure that the covid guidelines dated 20.04.2021 of social distancing and face masking is religiously complied with, else action is liable to be taken against the officials involved in the election process.” – observed the bench.

The matter would be heard again on 03.05.2021and a copy of this order be placed before the Chief Secretary, State of U.P. within 24 hours directed the bench.

Case title- In-Re Inhuman Condition at Quarantine Centres and for Providing Better Treatment to Corona Positive v. State of UP