COVID-19- "State's Affidavit Doesn't Reflect Ground Reality, Only Paints Rosy Picture, No Patient Should Remain Unattended": Gujarat High Court

Hearing the suo motu proceedings initiated by it to take stock of the surge in COVID-19 cases in the state of Gujarat, the Gujarat High Court on Tuesday (April 27) expressed its unhappiness over the response filed by the State Government pursuant to the Court's last week order.The Gujarat High Court on Tuesday (20th April) asked the state government to come up with a Reasonable Remdesivir Distribution Policy.A Bench of Chief Justice Vikram Nath and Bhargav D Karia had perused the affidavit-in-reply filed on behalf of the State respondents covering most of the issues flagged by the HC in its 15th April Order (more details about the affidavit-in-reply/hearing could be read here).Now, today, the same bench heard the counsels appearing for different parties, the Advocate General and the Government pleader. The main issue which the Court discussed several times during the course of the hearing was related to the policy of the hospitals in denying admission to such patients who are COVID affected but reach hospitals in a private vehicle. Apparently, the hospitals are admitting only those patients who are coming to the hospital in a Government-run 108 Ambulance.Importantly, Justice Karia remarked,"No matter from which vehicle (private or government) patients are coming to the hospitals. How can doctors say that if you are not coming from a 108 ambulance, we will not treat you and will let you die?"Justice Karia: No matter from which vehicle (private or government) patients are coming to the hospitals. How can doctors say that if you are not coming from a 108 ambulance, we will not treat you and will let you die.CJ: How can doctors deny treatment pic.twitter.com/T7bvzs4SRp— Live Law (@LiveLawIndia) April 27, 2021Issued raised by the Counsels Aadhaar Card has been made compulsory for COVID treatment, it shouldn't be so even when SC says that Aadhaar isn't mandatory for availing services. This condition should be withdrawn as many patients would be there who do not have an Aadhaar card. [Anand Yagnik]The Municipal Authorities must not refuse admission to patients just because they do not reside in their area limits. After examining the Aadhaar card of patients, they are refusing such patients' admission on account of their residence. [Anand Yagnik]The Private Hospitals are not implementing/following State/central schemes even when the state has suggested that Maha Vatsalva and Ayushman Bharat be merged. [Anand Yagnik] The state's demand for Oxygen is presently 1200 MT, but, as per the Central Government supply scheme, only 900 MT is being given to the State. 300 MT demand needs to be bridged. [Shalin Mehta] 201.58 crores allocated by the Central Government over 160 PSA plants. 33 are functional, 59 coming up by April end, 80 by May end. These plants could be set up within a couple of weeks. But People who are in the Oxygen manufacturing business are hindering the process. [Shalin Mehta]Oxygen shortage would be faced in Gujarat. The issue needs to be addressed by the Central Government. The State of Gujarat is already giving oxygen to other states like MP, this may lead to a situation where there would a shortage of oxygen in the state itself. [Shalin Mehta]India's Oxygen need is 5000 MT and the production is 7200 MT, so there is no shortage, the problem is related to the supply chain, and it isn't about Oxygen production. [Shalin Mehta]The waiting period for 108 ambulances is 32-48 hours. We need to break the chain. We had an inauguration event, where a Z+ security person came, there was photo ops. Isn't the issue of Reservation for beds for VIP and VVIP, unreasonable as per Article 14? [Counsel Kavina]Submissions made by the State Government At the outset, the Advocate General, Kamal Trivedi submitted that till April 15, things were in control and thereafter, the State started facing crises after crises. He also mentioned that the Crisis of Oxygen, Remdesivir injection is there and the lack of manpower was also there.Importantly, he submitted that it wasn't the intention of the State of Government to assert that it was working fine. He also said,"I will say that we are dealing with an unprecedented situation. Admission to hospitals is difficult. The state is conscious of what we need to do, we are open to suggestions."AG: No intention of the State of Government to assert that we are working fine. I will say that we are dealing with an unprecedented situation. Admission to hospitals is difficult. The state is conscious of what we need to do, we are open to suggestions. pic.twitter.com/anQotX34xo— Live Law (@LiveLawIndia) April 27, 2021He further accepted that the situation was precarious, not just in Gujarat but pan India and that is why the Central Government had come into action. It was allocating Oxygen, Remdesivir, and other resources to the State Government.He further added that the State Government was open to suggestions and that the system was in place but there was a deficit of resources.Issues discussed by ...

COVID-19- "State's Affidavit Doesn't Reflect Ground Reality, Only Paints Rosy Picture, No Patient Should Remain Unattended": Gujarat High Court

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