Calcutta High Court Seeks State's Response On Covid Treatment Rates, Allocation And Pricing Of Vaccines, Welfare Schemes For Covid Victims' Kin

A division bench comprising Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee is currently hearing a bunch of Public Interest Litigation (PIL) petitions on the COVID-19 response and management of the West Bengal government. The pleas seek directions from the Court on the measures undertaken by the State Government to effectively tackle the ongoing pandemic and the impeding third wave. The petitioners in their pleas have urged the Court to direct the State to ensure a host of initiatives that include efficient vaccination drives for priority groups, adequate supply chain management of COVID treatment drugs, affordable pricing of private healthcare facilities and compensation schemes for the vulnerable and disadvantaged populace. The division bench has issued notice to the State Government and sought its response on the concerns raised by the petitioners. In its order dated June 16, 2021 the Bench has sought a response from the Advocate General of West Bengal regarding the following issues, Rural-urban distribution of population in West Bengal: The State was directed by the Court to provide data pertaining to the percentage of population currently residing in urban and rural areas respectively. The data sought had to specify the percentage distribution of population by various age groups- 18 to 45 years, 45 to 60 years and 60 years and above. Vaccination figures: An enquiry was made regarding the number of vials of different vaccines made available to the State till date and the number of persons who could be vaccinated with the aforesaid vials. Vaccination program for lawyers and court staff: The Court vide the order enquired as to whether the state government had devised any vaccination program to inoculate advocates, advocates' clerks and court staff. "Justice delivery system cannot be treated as an ordinary Government Department as access to justice cannot be curtailed", the order observed. Data regarding the procurement of vaccines by the State: Data was also sought regarding the number of vaccines procured by the State on a periodic basis and the percentage thereof supplied by the State to the private hospitals. Data pertaining to the allocation of vaccines in government and private hospitals: The Respondent was directed to submit information regarding the number of doses allocated to government hospitals and private hospitals respectively out of the total procured vaccines by the State. If any amount was charged from the private hospitals, the details thereof was also sought. Rate of COVID-19 infection even after the administration of first and second doses of vaccine: The Court sought official figures from the State relating to the percentage of population who tested positive even after the administration of the first and second doses of vaccines respectively. Cap on the amount charged by private hospitals for vaccination: The Bench enquired from the State vide the order as to whether private hospitals were charging people separately for vaccination. "Whether the amount has been fixed by the State Government or the private hospitals are at liberty to fix their own charges?" the order enquired. Scheme for vaccination of elderly/differently abled people: The State was directed to submit information regarding any scheme that the government had undertaken to simplify the accessibility of vaccination for elderly and differently-abled people as well as those living in old-age homes. Vaccination schemes for the vulnerable and marginalised populace: An enquiry was sought as to whether the state government had devised any vaccination schemes for the disadvantaged and vulnerable populace such as the employees of large labour intensive industrial units, transgenders, children living in orphanages and sex workers. Exorbitant rates charged by private ambulance operators: The Bench vide the order observed that "amount being charged from the patients and the families of the deceased by the private ambulances is another issue on which lot of hue and cry is raised". As a result the State was directed to submit information as to whether any fixed rates had been imposed by the government and the system to monitor such instances of exorbitant pricing of healthcare facilities. Charges fixed by the Government for COVID-19 testing in a private hospitals: The Court vide the order also posed a query as to whether the state government had fixed any charges for COVID-19 testing in private hospitals. Online registration for vaccination: The Respondent was also asked to answer as to whether there existed any mechanism for online registration for vaccination. Information regarding availability of beds in different hospitals: The State was also directed to respond as to whether there existed any mechanism through which the public could easily...

Calcutta High Court Seeks State's Response On Covid Treatment Rates, Allocation And Pricing Of Vaccines, Welfare Schemes For Covid Victims' Kin

Aaratrika Bhaumik

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