[Kumbh Mela 2021] Uttarakhand High Court Directs State Govt To Increase CoVID 19 Testing To At Least 50,000 Persons Per Day

The Uttarakhand High Court has directed the State Government to increase Covid19 testing to at least 50,000 per day in light of the Kumbh Mela this year

The Division Bench comprising Hon’ble Chief Justice Raghvendra Singh Chauhan & Justice Manoj Kumar Tiwari ordered,

“The State Government is further directed to publish the data on the internet with regard to the number of persons found to be COVID-19 positive, and with regard to any death caused by COVID-19. The said data should also include the age group of persons, who are found to be COVID-19 positive, and those, who may unfortunately expire due to the said virus. The said data shall be published by the State Government on a daily basis” the Court further ordered.

The State Government was also directed to submit a report on or before April 13, 2021 with regard to the steps being taken to cure the deficiencies pointed out by the Chief Secretary, State of Uttarakhand in the report.

Factual Matrix

In the present matter, the Bench was dealing with the issues raised concerning tackling of the CoVID 19 pandemic, organisation & conduct of Civil Administration, Haridwar in view of Kumbh Mela 2021 which was scheduled to commence from February 27, 2021. The petitioner’s Counsel while expressing their anxiety submitted that Kumbh Mela 2021 might become a breeding ground for spread of CoVID 19 pandemic until & unless the Civil Administration did not control the inflow of number of people congregating the ghats & provided safe accommodation.

“Since people from all over the country and abroad do congregate at Kumbh Mela, the infection of COVID-19 may be carried back by the pilgrims to different parts of the country. Therefore, it is imperative that concrete plans need to be prepared by the Government, for permitting the people to enter the State, and to reach Haridwar. Moreover, concrete decisions have to be taken as to how to resolve the logistical problems created by congregation of large population, especially in these abnormal times of COVID-19 pandemic.”, the Counsel further submitted.

On January 11,2021, the Court directed the Chief Secretary, the Additional Secretary, Public Health, the District Magistrate, Haridwar, the Mela Adhikari to convene a meeting immediately, preferably by 12.01.2021, and to discuss the ways and means which need to be utilized for resolving the logistical problems of organising Kumbh Mela 2021. Further Assistant Solicitor General was also directed to inform the Court with regard to any guidelines issued by the Central Government, including the Home Ministry and the ICMR & request the Central Government to take steps for issuance of Standard Operating Procedure (SOP) dealing with Kumbh Mela 2021.

The Bench on January 13, 2021 took note of the fact that the medical health system in Haridwar was woefully lacking & was too ill prepared to tackle the demographic explosion that Hardiward could witness within a month.

“It is the foremost duty of the State to protect the people from the COVID-19 pandemic. It is the foremost duty of the State to ensure that the lives of the people are not reduced to a mere animal existence. Therefore, while trying to organize a mega event, which is the largest congregation on the Planet Earth, it is the duty of the State to be thoroughly equipped for any contingency that may arise during the period of two months when the Kumbh Mela would be celebrated," the Bench further remarked.

Pursuant to the Court’s order, the Central Govt on January 22,2021 issued SOP bestowing responsibilities upon the State Government for taking various actions for protection of the vulnerable population, for promoting COVID-19 appropriate behavior, for ensuring mandatory COVID-19 RT-PCR negative test report, for taking specific administrative measures for preventing the spread of COVID-19 pandemic during the Kumbh Mela, for ensuring specific technical requirements for preventing the spread of COVID-19 pandemic during Kumbh Mela vis-à-vis health risk assessment, surveillance, laboratory infrastructure, diagnostics and testing, for ensuring that there is sufficient hospital infrastructure, clinical management, infection prevention and control etc.

On February 22,2021 the Bench directed the Chief Secretary to submit a detailed report to this Court with regard to the steps taken by the State Government vis- à-vis the responsibilities bestowed upon the State Government by the S.O.P. dated 22.01.2021.

Taking note of the sudden increase in the CoVID cases, the Bench on March 24,2021 further directed the State Government to ensure that the SOPs issued by the Central Government and the State Government are implemented in the strictest sense, both in letter and spirit.

The matter is now listed for April 15, 2021.

Case Title: Sachidanand Dabral v. Union of India| WP(PIL) No 58 of 2021