COVID-19: 'State Has Taken Effective Steps, But The Same Aren't Sufficient', Himachal Pradesh High Court Directs State To File Its Response On 4 Issues

The Himachal Pradesh High Court on Tuesday (24th November) directed the State Government to file an affidavit specifying the steps taken with regard to the availability of oxygen cylinder in all the COVID dedicated hospitals; secondly, with regard to the reduction of the duration of COVID tests; and thirdly, with regard to the creation of additional beds and other facilities. It may be noted that taking suo moto action on a Newspaper Item dated 10.11.2020, published in the Daily Newspaper 'The Tribune' about COVID-19 Wards in IGMC, Shimla, the HP High Court had issued a notice to the state on 11.11.2020, directing the State to make submissions in this regard. While issuing the notice, the Bench of Chief Justice L. Narayana Swamy and Justice Anoop Chitkara had observed that sufficient beds are not provided by the Government for the treatment of COVID-19 patients. Submissions made before the Court on 24th November The Amicus Curiae (Mr. B. C. Negi) submitted before the Court that for the COVID test, the respondent-State has not provided sufficient machinery. It was stated that when people having symptoms visit the hospitals, they have to wait for 3-5 hours and during that period no accommodation to sit and other facilities are provided to them. It was also submitted that even the people, who visit hospitals for regular checkup could get infected by the people who are already suffering with COVID virus. Hence, it was prayed by the Amicus Curiae (Mr. B. C. Negi), Senior Advocate Sanjeev Bhushan and Advocate Shreya Chauhan that a direction be issued to the respondent-State to reduce the test timing. With regard to the news items published in daily newspapers, the Senior Advocates submitted that more or less similar problems are being faced by the COVID patients in all the government hospitals in the State. However, in this regard, the Advocate General submitted that the Government hospitals are dedicated hospitals and at present, there is no shortage of oxygen and the news item published in the Newspaper "The Tribune" is factually incorrect. He submitted that even in new hospitals which are converted into dedicated hospitals, there is also no shortage of oxygen. Court's observations The Court directed the respondent-State to make arrangements by putting a new system to reduce the waiting time for the test. The Court said, "A person infected, if he comes back waiting for the result, during that time, possibility of infection of the virus to the others cannot be ruled out, thus the respondents must give test results at the earliest." Further, the Court observed, "It is true that the right to life is a fundamental right enshrined under Article 21 of the Constitution, which includes providing medical attendance, care and treatment also. Looking at the progress made by the State during the last nine months, though the State has taken effective steps, the same are not sufficient." Lastly, the Court also directed the respondent-State to make available dedicated phone numbers to the public at large in all the possible ways "to ensure that any person, who suspects COVID-19 infection or wants to be tested for COVID-19 disease, is able to contact through these dedicated phone numbers." The matter has been posted for further hearing on Tuesday (01st December).Click Here To Download Order[Read Order]

COVID-19: 'State Has Taken Effective Steps, But The Same Aren't Sufficient', Himachal Pradesh High Court Directs State To File Its Response On 4 Issues

Sparsh Upadhyay

Tags