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The Himachal Pradesh High Court on Thursday, 6^th May 2021 issued strict directions to the government in light of the increase in Covid – 19 cases in the state.

The division bench comprising of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia in a 25-page order in CWP/2795/2021 Ashutosh Gupta vs State Of Hp And Others, saw it fit to include Union of India through its Health Secretary as a fourth respondent to the case.

The petition sought the following reliefs:

1. Covid patients are provided adequate medical facilities including beds, medicines, and ventilators at the Dr. Y.S. Parmar Medical College.
2. Covid patients at Nahan Government Hospital are properly and regularly attended to and treated by the doctors and not be left at the mercy of the medical support staff.
3. Ventilators already been supplied to the hospitals are immediately installed and brought to functioning capacity.
4. Every doctor in the hospital be made personally responsible and liable to ensure covid patients requiring oxygen are put on ventilators without delay.
5. The oxygen manufacturing plant in Nahan Medical College is completed, installed and brought to functioning capacity using the Emergency Fund, if so required, without waiting for the resolution to the dispute with the suppliers.
6.  Respondent No.2 and every doctor at the hospital may kindly be made personally Appropriate directions be issued to Respondent No.3 as the nodal agency to execute and monitor the financial obligations of the State under the Disaster Management Act, 2005.
7. To designate the Nahan Medical College as Covid 19 dedicated hospital for the district.

Mr. Ajay Vaidya, Senior Additional Advocate General, on behalf of the respondents submitted the instructions issued by the principals of the medical colleges and vehemently contended that ventilators were only required in exceptional circumstances and that most cases only required high flow oxygen, which the hospitals have in ample supply. He also contended that the State is aware of the need for an expansion in the facilities and more beds were being added to various hospitals.

Mr. B.N. Misra, Senior Counsel for the petitioner, put forth his arguments on the shortage of beds and oxygen facility, lack of a proper system to track availability and discrimination by the Central Government to furnish the Himachal Pradesh State Government. He contended that States with lesser population and covid cases were being given more resources and lifesaving drugs than Himachal Pradesh. He also drew the court’s attention to the reluctance of Private Hospitals and facilities to aid in testing and or treat covid patients and that the rich and powerful are being given preferential treatment in terms of admission and treatment.

Relying on the Supreme Court judgement in The Proper Treatment of Covid 19 Patients and dignified handling of Dead Bodies in the Hospitals etc: Suo Motu Writ Petition (Civil) No.7 of 2020, wherein the court stated that right to health was a Fundamental Right and it was the duty of the State to to make provisions for affordable treatment and more and more provisions in the hospitals to be run by the State and/or by the Local Administration are made, and its own previous case CWPIL No. 11/2020 titled ‘Court on its own motion vs. State of H.P. and others’ on 03.12.2020, where the court had issued directions with respect to social distancing and hospital norms, and treatment of covid patients, the court laid down a ten point directional guideline asking the state to:

1. Increase testing facilities.
2. Increase number of tests and use other kits besides Rapid Antigen Kit, or the RT PCR tests.
3. Consider setting up fully equipped ‘mobile vans’ to increase testing facilities in hill districts.
4. Increase dedicated hospitals.
5. Consider the feasibility of setting up temporary hospital.
6. Increase the number of beds available and a sufficient number of them be equipped with oxygen tanks and ventilators. If necessary, number of ICUs be increased also.
7.   PPE kits and protective gear be provided to all medical staff.
8. Publish the names of testing centres and hospitals in the media bulletin daily. The bulletin should clearly mention number of available beds in the hospitals and their class.
9. Resort to coercive steps under the Disaster Management Act and Essential Services Maintenance Act in case private hospitals refuse to cooperate; to withdraw incentives; and to take any punitive steps that may be warranted against such hospitals.
10. To consider purchasing additional CT Scan Machines.

 

Along with asking for a response to the Petitioner Counsel’s arguments, the court also asked the state to furnish information on the availability of beds and other medical equipment in state and private facilities, the steps taken: to meet the current and projected oxygen requirement; acquire and distribute essential drugs including Remdesivir, Favipiravir and Tocilizumab; compliy with the Supreme Court judgement in suo motu Writ Petition (Civil) No. 3 of 2021 in Re: Distribution of Essential Supplies and Services during pandemic, and their plan to carry out vaccination for those between the age of 18 – 44.

The next date for the hearing is 10^th May 2021.