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2020 Supreme(SC) 420
SUPREME COURT OF INDIA
ASHOK BHUSHAN, SANJAY KISHAN KAUL, M.R. SHAH, JJ.
IN RE : THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.
SUO MOTU WRIT PETITION (CIVIL) No.7 of 2020
Decided on : 19-06-2020
For the Parties :Tushar Mehta, K.M. Nataraj, Manisha Lavkumar, Rajat Nair, Kanu Agrawal, Saurab Mishra, B.V. Balram Das, Gurmeet Singh Makker, Aniruddha P. Mayee, Pukhrambam Ramesh Kumar, Anupama Ngangom, Karun Sharma, Jayanth Muthuraj, M. Yogesh Kanna, Shivam, Talha Abdul Rahman, Anish Kumar Gupta, Archana Preeti Gupta, Chandra Shekhar Suman, Avdhesh Kumar Singh, Suhaan Mukerji, Vishaal Prasad, Amit Verma, M/S. Plr Chambers And Co., Sanjay Jain, Gurukrishna Kumar, Chirag M. Shroff, Sachin Patil, Rahul Chitnis, Abhimanyu Tewari, Eliza Bar, Subhash Chandran K.R., Biju P Raman, Shashank Deo Sudhi, Udian Sharma, Advocates
IMPORTANT POINT
Coronal Pandemic – Most important aspect is continuous supervision and monitoring of Government hospital in Government of NCT of Delhi and other States – There has to be constant monitoring, supervision and management.
Headnote:
Coronal Pandemic – Deficiencies, shortcomings and lapses in patient care of Covid-19 in different hospitals in National Capital Territory of Delhi and other States – Every organisation, every individual should be more than ready to know about shortcomings, lapses and it is only after knowing one’s shortcomings and deficiencies, remedial actions can be taken – Rates of tests to be conducted in private labs is substantially reduced by Government of India for which orders have also been issued – Most important aspect is continuous supervision and monitoring of Government hospital in Government of NCT of Delhi and other States – There has to be constant monitoring, supervision and management – Ministry of Health and Family Welfare, Union of India, shall constitute Expert Committees consisting of: a) Senior Doctors from Central Government hospitals in Delhi, b) Doctors from GNCTD hospitals or other hospitals of Delhi Government, c) Doctors from All India Institute of Medical Sciences, d) Responsible officer from Ministry of Health and Family Welfare. (II) The Expert Committee shall inspect, supervise and issue necessary directions to all Government hospitals, Covid hospitals and other hospitals in NCT of Delhi taking care of Covid patients; Expert Committees shall ensure that at least one visit in each hospital be done weekly – All States shall also constitute an expert team of Doctors and other experts for inspection, supervision and guidance of Government hospitals and other hospitals dedicated to Covid-19 in each State who may inspect, supervise hospitals in State and issue necessary directions for improvement to concerned hospital and report to Government – Chief Secretary of each State shall ensure that such Committees are immediately constituted and start their works within a period of seven days – Elaborate directions issued. (Paras 5, 8, 10, 11, 12 and 17)
Result : Petition allowed.
ORDER :
1. This Court issued notice on 12.06.2020 in this Suo Motu writ petition with object to notice deficiencies, shortcomings and lapses in patient care of Covid-19 in different hospitals in National Capital Territory of Delhi and other States. The object was to take remedial action by all concerned to redeem the plight of patients and other persons who needs medical care.
2. In response to notice dated 12.06.2020, Union of India, Delhi Government and other States have filed their affidavits. Several applications for intervention have also been filed by different individuals, organisations highlighting one or other aspects of the issue.
3. The Union of India in its affidavit after noticing the aberration, which were highlighted by the Court in its order, have brought on the record remedial steps taken by Union of India. The affidavit mentions that on 14.06.2020, a high-level meeting was held by Hon’ble Home Minister with Lieutenant Governor of Delhi, Chief Minister of Delhi, Union Health Minister, Health Minister of Delhi, Mayors and Commissioners of Delhi’s three Municipal Corporations to strengthen the strategy to fight the coronavirus. The affidavit enumerates certain action points which have emerged in the deliberation. In paragraph 13 of the affidavit, decision taken by the Union of India have been referred to. We may notice only few of such decisions which need to be specifically noticed. In paragraph 13(ii), following has been stated:-
“13. (ii) It has been further decided that a team of senior doctors from Central Government Hospitals in Delhi, GNCTD Hospitals, Municipal Hospitals and AIIMS shall visit all hospitals in Delhi, within 2 days, to study the arrangements made for patient care and treatment and suggest improvements to be done. The responsibility for implementation of the said decision has been given to the Union Health Secretary to coordinate with Chief Secretary, GNCTD and Director, AIIMS, who would ensure implementation of the said decision.”
4. In paragraph 13(iv), decision regarding increase of the testing per day in NCT of Delhi has been mentioned. It has been stated that by 20.06.2020, the tests shall be increased up to 18,000 per day. The decision also refers to the constitution of the Committee of Dr. V.K. Paul, Member, NITI Aayog, representative of the AIIMS and representative of GNCTD who has to report regarding reasonable rates of various covid related facilities/tests etc. for private hospitals, labs.
5. We have come to know that the rates of the tests to be conducted in the private labs is substantially reduced by the Government of India for which orders have also been issued. The affidavit also gives details of guidelines framed by the Union of India to ensure proper treatment of Covid-19 patients and dignified handling of the dead bodies in the hospitals as well as the guidelines framed by the Union of India pertaining to Covid-19 hospital management.
6. In paragraph 18, it has been stated that strict observance and adherence of guidelines shall be ensured. One of the guidelines, whose adherence was to be ensured, was that the patients are provided with the bed and are permitted to have one attendant and the attendant can remain in the hospital premises in the area earmarked by the hospital and no suspected Covid-19 patients shall be turned away from the hospital and details of indoor facilities and advisory for OPD has also been noticed.
7. The Government of NCT, Delhi has also filed affidavit of Smt. Padmini Singla, Secretary, Health and Family Welfare, Government of NCT of Delhi. Although affidavit gives the details of the Government hospitals of Delhi, Government designated Covid hospitals, name of an IAS officer who was deployed as a nodal officer in all Covid designated hospitals to monitor and supervise various aspects and functioning of the hospitals, providing for 24x7 Help desk at each hospital along with display board/LED Screen to inform the availability of beds to the general publi
