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The second COVID-19 surge has seen cases and deaths skyrocket. This unprecedented health crisis — unavailability of ICU beds, insufficient medical oxygen, no space to respectfully perform the last rites of those who succumbed - has exposed the worst in our Central and State governments. They fell way short of meeting the infrastructural and operational requirements of handling a crisis this big. Add to that, complete apathy, and even denial that there was anything wrong.
On 21 April, much after the regular working hours of the court, Max Hospital moved an urgent plea before the Delhi High crying for help. The hospital informed the court that the lives of around 262 COVID-19 patients were in danger, as the medical oxygen left with the hospital would only last four hours.
During the proceedings, the court expressed extreme disappointment towards the Central government’s lack of preparedness, using very strong words.
Just hours after the court’s order, another hospital on 22 April, approached the Delhi High Court, again highlighting the oxygen crisis. During the proceedings, the court pushed both, the Central government and the Delhi government, to work out a strategy to ensure smooth transportation of oxygen.
In addition to the shortage in supply of oxygen, the court also expressed concern about the lack of adequate hospital beds for COVID-19 patients.
In Maharashtra, the Nagpur Bench of the Bombay High Court expressed great anguish for non-compliance with its order to ensure an adequate supply of Remdesivir vials. The court directed both the Central and State authorities to ensure that the Vidarbha region receives its share of Remdesivir (12,404 vials).
The Chief Justice-led Bench of the Karnataka High Court also questioned the state government over the availability of oxygen, Remdesivir vials, and hospital beds. The court was particularly concerned with the COVID-19 drugs and oxygen being sold in the black market.
In light of such a crisis, the Karnataka High Court directed the state government to maintain real-time data on availability of drugs, to appoint officers to keep a check on black markets, and have “some kind of system” for the supply of oxygen.
On 19 April, the Allahabad High Court called the COVID-19 situation in Uttar Pradesh “grim” and went on to impose lockdown in five cities in the state.
The court further went on to claim that if due to the paucity of sufficient medical aid, people end up dying, the blame would lie on the government which “failed to counter the pandemic even after one long year of experience”.
The court further expressed displeasure towards the degree of attention and money being spent by the UP government on local body elections. It remarked:
On the issue of accurate reporting of COVID-19 cases, the Gujarat High Court had to interfere and take a suo motu cognisance of the matter. Commenting on the need to ensure transparency in reporting of COVID-19 cases and deaths, the court rapped the state government and said:
In the northern states of Punjab and Haryana, the high court directed the state governments to immediately respond to the “grim state of COVID-19” caused by the non-implementation of COVID guidelines, unavailability of beds, and inadequate supply of oxygen.
As various high courts were continuously keeping the Central government on its toes, to ensure effective response to the COVID-19 crisis, the Supreme Court on 22 April decided to handle the matter by itself.
The apex court registered a suo motu case on the nationwide COVID-19 crisis, appointed Senior Advocate Harish Salve as amicus curiae to assist the court, and proposed to transfer to itself all the COVID-19 related PILs pending before different high courts.
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Published: 23 Apr 2021,09:09 AM IST