Centre needs to take immediate steps to prevent oxygen reserves in Tamil Nadu from exhausting directs the Madras HC.
The Madras High Court on Thursday directed the Central government to take immediate steps by Friday to ensure that an adequate supply of oxygen is available for the State keeping in mind that the state is on verge of exhausting its oxygen reserves.
The Division Bench of Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy while hearing in the suo motu case registered to monitor COVID-19 management in Tamil Nadu and Puducherry observed that,
“The Union and the empowered committee should take immediate steps in such regard to ensure adequate supply of oxygen to the State of Tamil Nadu to meet the needs. This must be ensured by tomorrow, so that the emergency that the officials speak of – of the reserves supply running out by Saturday – does not happen. It is critical and it requires the attention of the highest offices so that lives are not lost for want of oxygen. The Sterlite unit at Thoothukudi is unlikely to produce oxygen till next week.”
The court was informed by the State officials that, Tamil Nadu has a production capacity of about 400 MT per day. In addition, the south-western districts would be served by a Palakkad unit which would supply about 40 MT of oxygen per day. Against the daily requirement now of about 450 MT per day and the Central allocation made last week was to the extent of 280 MT.
A meeting was held on Sunday, May 2, 2021, which was attended by officials from the States of Andhra Pradesh, Telangana and Tamil Nadu, Central Government representatives, manufacturers and others, at which a consensus was arrived at to ensure that 475 MT of oxygen was released to Tamil Nadu on a daily basis. However, on May 5, 2021 an allocation order was issued, but the same did not include the State of Tamil Nadu. “The officials say that it is a critical situation and the reserves have been used up to the extent that there may be a further day's reserve, but there may not be oxygen to supply in adequate quantity on Saturday.”
The bench observed that,
“In the present state, no directions may be issued, but only an appeal may be made so that there is a broadly equitable distribution of the available resources. No Court of a State or no State can demand all the facilities for itself to the exclusion of others; but there has to be an equitable distribution, reckoning the production capacity in a particular State and the position should not be altered to the detriment of a State, particularly since Tamil Nadu has a production capacity of about 400 MT per day, which with some additional supply may suffice for its needs.”
Further, the Court also asked the State and the Central governments to examine whether oxygen plants can be set up in large cities like Chennai, Madurai and Coimbatore, akin to how the Defence Research and Development Organisation (DRDO) had set up such plants on short notice and at affordable costs in some hospitals.
A status report has been filed by the Director of Health and Family Welfare Services, Puducherry, in the Court that stated, there are adequate beds and there is sufficient supply of oxygen, since the production capacity is in excess of 80 MT and the daily requirement is about 20 MT. Measures must be taken in advance so that even if the daily requirement is larger in the near future, there is no dearth of oxygen over the next week or so.
Further, observations made by the Bench –
On available beds
“the State appears to be doing well, though 95% of the beds having oxygen supply remain occupied. According to the officials, roughly 70% of the overall bed capacity is occupied; but a large proportion of the available beds do not have oxygen supply. The officials have, however, indicated that measures have been initiated to augment bed capacity, including oxygenated bed capacity and that such augmented bed capacity would be available shortly.”
On the drug Remdesivir
“it is submitted that the allocated quantity for the State since April, 2021 is 1.35 lakh units against the order placed of 2.5 lakh units. The officials say that about 24,000 units have been distributed from the Kilpauk centre upon appropriate documents being produced. Measures are being taken, including at the behest of the Government that is to take charge from tomorrow, to set up centres in other major cities, including Madurai and Coimbatore for release of Remdesivir directly to private hospitals or patient parties.”
There is another important drug, Tocilizumab, which is used only for critical patients. At present, 315 vials of such drug have been made available to the State, of which 20 have been supplied to private hospitals upon appropriate checking of the details furnished.
On vaccination
“the State says that the Centre has indicated two vendors from whom vaccines can be obtained. The State’s allocation at present is 10.3 lakh units, out of which 7.65 lakh is to be supplied by one of the vendor and 2.65 lakh units by the other. The vendors, apparently, demanded prior payment and payment for all of the 10.3 lakh units has been made on May 4, 2021 for the State to immediately receive the vaccines and start the universal adult inoculation programme. The Centre and the vendors are requested to ensure prompt supply so that preventive measures may be taken at the earliest to stop the proliferation of cases and the possible third wave that is being talked of.”
On black marketing
“certain measures have been taken as indicated by the officials. There must be strict control in such regard and absolutely no let-up.”
The Court observed that constant coordination, and the District Collectors may be given additional responsibility in such regard, leaving their revenue and other duties to others, to monitor and coordinate the measures taken, facilities available, including the supply and distribution of oxygen and the like.
The matter will next heard on May 12, 2021.
Case title – Suo Moto writ petition, 2021(W.P.No.10486 of 2021 etc)