Top
Top Stories

PIL In SC To Direct Centre, States To Start Rapid Anti-Body Test As Screening Tool For COVID

Mehal Jain
15 April 2020 11:48 AM GMT
PIL In SC To Direct Centre, States To Start Rapid Anti-Body Test As Screening Tool For COVID
x

The Supreme Court has been moved in a PIL seeking a direction to the Union of India to in turn require all state governments to mandatorily start the rapid anti-body test as a screening tool for COVID, as urged by the Indian Council of Medical Research in its April 4 advisory. The petitioner-doctor, through advocate Rishi Jain, has submitted that after discussion in detail with technical...

Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
599+GST
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

The Supreme Court has been moved in a PIL seeking a direction to the Union of India to in turn require all state governments to mandatorily start the rapid anti-body test as a screening tool for COVID, as urged by the Indian Council of Medical Research in its April 4 advisory.

The petitioner-doctor, through advocate Rishi Jain, has submitted that after discussion in detail with technical experts from the Ministry of Health and after considering the several inputs, the final decision as to the advisory on Anti Body Testing was prepared. The Advisory was issued to start Rapid Anti Body Blood Test for Covid-19, in clusters with containment zones and in large migration gatherings.

It is pointed out that the Advisory states that if the Anti Body Test is positive then the Protocol will be initiated for the treatment in the Hospital. It is also advised by the ICMR that Home Quarantine should be followed for 14 days if the Rapid Anti Body Test comes to positive.

"Presently, diagnosis is confirmed only through REVERSE TRANSCRIPTION -PCR TEST : Polymerase Chain Re-action Test using throat swab/Broncho AlvealarLavag. The procedure is cumbersome and can only be done by expert hands with strict protective measures to prevent aerosol spread which is available in selected Centers spread across India", the petitioner elaborates.

"There is availability of rapid anti body blood test which identifies the patient as negative and positive. This simple test uses only blood sample and does not require expert hands, costly infrastructure, PPE Kits with less risks of aerosol spreads. The said rapid Anti Body Blood Test can easily be done on all asymptomatic patients coming with ILI (Influenza like Ilness)", he continues.

" Presently, the Government has directed all private practitioners to report incoming cases with ILI (Influenza like Illness), H1 N1, Severe Acute Respiratory Infection (SARI). All these diseases appear similar and it is difficult to differentiate without any screening test. Thus all these patients are directed to undergo the test, adding to their burden and pressurising them for RT-PCR Test which is done in limited Centres and is a costly test".

"Rapid Anti Body Test is a simple blood sample based test that can be done by any registered Pathologist/ Technician and can give immediate result. If Anti Body Test is negative then if warranted one can confirm by a real time RT- PCR TEST using throat/Nasal Swab. If RT-PCR TEST is also negative then it is most likely a non Covid-19 patient, having normal ILI (Influenza like illness) and can be treated accordingly. However, if RT-PCR TEST is positive then action as per Protocol has to be initiated for Isolation Treatment and contact tracing", the petitioner advances

The petition reads that the Government of India and all State Governments have enforced the Epidemic Diseases Act 1897 and the Disaster Management Act 2005 to fight this pandemic. The District Collector is empowered to pass specific orders under the 1897 Act to secure human life in his area of operation. Accordingly, the District Collectors have adopted preventive measures as well as curative measures. Section 144 is already imposed in all Districts. An order was passed by many District Magistrates mandating the wearing of mask in public places by every citizen on April 8.

It is averred that Medical emergency has already been declared in India and the Prime Minister has publicly stated that it's a war against the Covid-19 pandemic.

"It is well known fact that none of the countries have succeeded in inventing a proper vaccine to treat Covid 19 patient. Covid-19 is a Corona Virus and Flue like symptoms manifest in such a disease. There can also be a deterioration in form of Pneumonia causing breathlessness and Respiratory distress leading to death in many patients with co-morbid conditions", it is explained.

Further, the petitioner asserts that the ICMR is the highest Medical Research Body presently dealing with all the works related to Covid-19, including the grant of sanctions and permissions for testing to authorised Centres in India, and that applications were invited by the Council from Government and Private Medical Colleges for setting up Covid-19 medical facilities.

"The ICMR has chalked out a strategy for Covid-19 testing in India, and has approved 8 testing kits to conduct Rapid Anti Body Test. The Council has already advised home quarantine for persons detected with Covid-19 and it is clearly stated in the advisory that unless symptoms become critical, person be kept in home isolation", it is iterated.

It is argued that State Governments and the Union Government are spending huge amounts to maintain such quarantine homes, denting in a big way the State exchequer- "The State Exchequer is being unnecessarily burdened and the hospital beds are being occupied for the quarantine purpose which is absolutely not required in country like India". "The petitioner being a medical practitioner is opposing such kind of creation of Isolation Ward and requests this Hon'ble Court to give directions to stop creation of Quarantine Home or Isolation Ward", it is urged.

"The petitioner feels that suspected persons be mandated by using same powers under Epidemic Diseases and Disaster Management Acts to be quarantined in their respective homes", the petitioner continues.

Moreover, It is also advanced that it is necessary that directions be issued to the respondents "to procure and take over 50% Beds of all private hospitals in this country to treat Covid-19 patients in near future in a stage wise manner".  

Next Story
Share it