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2020 Supreme(SC) 713
SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, 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 : 18-12-2020
Advocate Appeared:
For the Appellant : Courts Motion
For the Respondent:Mr. Tushar Mehta, SG, Mr. K.M. Nataraj, ASG, Mr. Shantanu Sharma, Adv., Mr. Gurmeet Singh Makker AOR, Mr. Rajat Nair, Adv., Mr. Kanu Agrawal, Adv., Mr. Prashant Singh B, Adv., Mr. Raj Bahadur Yadav, Adv., Mr. Saurabh Mishra, Adv., Mr. Mohd. Akhil, Adv., Mr. B. V. Balaram Das, AOR, Mr. Abhimanyu Tewari, AOR, Ms. Eliza Bar, Adv., Mr. Nalin Kohli, AAG, Mr. Shuvodeep Roy, Adv., Mr. Ankit Roy, Adv., Mr. Rahul Raj Mishra, Adv., Ms. Nimisha, Adv., Mr. K.V. Vishwanathan, Sr. Adv., Mr. Chirag M. Shroff, AOR, Ms. Abhilasha Bharti, Adv., Mr. Arun R. Pedneker, Adv., Mr. Sachin Patil AOR, Mr. Tushar Mehta, SG, Ms. Manisha Lavkumar, Sr. Adv., Mr. Aniruddha P. Mayee AOR, Ms. Deepanwita Priyanka, Adv., Ms. Aastha Mehta, Adv., Mr. Anish Kumar Gupta, Adv., Ms. Archana Preeti Gupta, Adv., Mr. Chandra Shekhar Suman, Adv., Mr. Puneet Sheoran, Adv., Ms. Rita Gupta, Adv., Ms. Deepshikha Bharati, Adv., Dr. Monika Gusain, AOR, Mr. Himanshu Tyagi, AOR, Mr. Kumar Anurag Singh, Addl. Standing Counsel, Mr. Saurabh Jain, Adv., Mr. Anando Mukherjee, Adv., Mr. G.M. Kawoosa, Adv., Ms. Manjula Gupta, Adv., Ms. Priyanka Prakash, Adv., Ms. Beena Prakash, Adv., Mr. G. Prakash, Adv., Mr. Pukhrambam Ramesh Kumar, Adv., Ms. Anupama Ngangom, Adv., Mr. Karun Sharma, Adv., Mr. Rahul Chitnis ADV., Mr. Sachin Patil, AOR, Mr. Geo Joseph, Adv., Mr. Amit Kumar, Adv., Mr. Avijit Mani Tripathi, Adv., Mr. T.K. Nayak, Adv., Mr. Abhikalp, Adv., Mr. Siddhesh Kotwal, Adv., Mr. Divyansh Tiwari, Adv., Ms. Ana Upadhyay, Adv. Mrs. K. Enatoli Sema, Adv, Mr. Amit Kumar Singh, Adv., Mr. Atul Nanda, AG, Ms. Uttara Babbar, Adv., Ms. Bhavana Duhoon, Adv., Mr. Manan Bansal, Adv. Dr. Manish Singhvi, Sr. Advocate, Mr. Sandeep Kumar Jha Advocate, Mr. Jayanth Muthuraj, Sr. Adv., Mr. M.Yogeshkanna AOR, Mr. Rajarajeshwaran, Adv., Mr. Aditya Chadha, Adv., Mr. S. Udaya Kumar Sagar, Adv., Ms. Swati Bhardwaj, Adv., Mr. Shuvodeep Roy, Adv., Mr. Rahul Raj Mishra, Adv., Mr. Suhaan Mukerji, Adv., Ms. Liz Mathew, Adv., Mr. Vishal Prasad, Adv., Mr. Nikhil Parikshith, Adv., Mr. Sayandeep Pahari, Adv. For M/S. PLR Chambers And Co., Ms. Garima Prashad, Adv., Mr. Nagender Singh, Adv., Mr. Raghvendra Kumar, Adv., Mr. Anand Kumar Dubey, Adv., Mr. Narendra Kumar, AOR, Mr. Shubhranshu Padhi, AOR, Mr. Ashish Yadav, Adv., Mr. Rakshit Jain, Adv., Mr. Vishal Bansal, Adv., Mr. Shibashish Misra, Adv., Mr. K.V. Jagdishvaran, Adv., Ms. G. Indira, AOR, Mr. V.G. Pragasam, Adv., Mr. S. Prabu Ramasubramanian, Adv., Mr. Awanish Sinha, AOR, Mr. S.K. Mohanty, Adv., Ms. Sweta Rani, Adv., Ms. Gitanshi Arora, Adv., Mr. Pawan Shree Agrawal, Adv., Ms. Abhipsa Anamika, Adv., Mr. Ashish Wad, Adv., Ms. Tamali Wad, Adv., Mr. Sidharth Mahajan, Adv., Ms. Sukriti Jaggi, Adv., Mr. Ajeyo Sharma, Adv. M/S. J S Wad And Co., Mr. Subhash Chandran, Adv., Mr. Biju P Raman, AOR, Mr. Talha Abdul Rahman, AOR Dr. Ishwar Gilada, Adv., Mr. Rohit Rathi, AOR, Mr. Shashank Deo Sudhi, Adv., Mr. Mukesh Kumar, Ms. Aparna Bhat, AOR, Ms. Karishma Maria, Adv.
IMPORTANT POINTS
(1) Corona Pandemic – Right to health is a fundamental right guaranteed under Article 21 of Constitution of India. Right to health includes affordable treatment. It is duty upon State to make provisions for affordable treatment and more and more provisions in hospitals to be run by State and/or local administration are made.
(2) Corona Pandemic – Strict and stern action should be taken against those who are violating Guidelines and SOPs, whoever he may be and whatever position violator is occupying.
Headnote:
(A) Constitution of India – Article 21 – Corona Pandemic – Right to health is a fundamental right guaranteed under Article 21 of Constitution of India – Right to health includes affordable treatment – It is duty upon State to make provisions for affordable treatment and more and more provisions in hospitals to be run by State and/or local administration are made – For whatever reasons treatment has become costlier and costlier and it is not affordable to common people at all – Even if one survives from COVID-19, many times financially and economically he is finished – Therefore, either more and more provisions are to be made by State Government and local administration or there shall be cap on fees charged by private hospitals which can be in exercise of powers under Disaster Management Act – Due to unprecedented Pandemic, everybody in world is suffering, one way or other – It is a world war against COVID-19 – There shall be Government Public Partnership to avoid world war against COVID-19. (Paras 5 and 6)
(B) Corona Pandemic – Remedial Measures – Despite Guidelines and SOPs issued, for lack of implementation Pandemic has spread like wild fire – Strict and stern action should be taken against those who are violating Guidelines and SOPs, whoever he may be and whatever position violator is occupying – Every State must act vigilantly and to work with Centre harmoniously – It is time to rise to occasion – Safety and health of citizens must be first priority, rather than any other considerations – People should understand their duty and follow rules very strictly – It is duty of every citizen to perform their fundamental duties as guaranteed under Constitution of India – By not following Guidelines/SOPs issued by State from time to time, such as, not wearing masks, not keeping social distances, to participate in gatherings and celebrations without maintaining social distances, they are ultimately not damaging themselves but they cause damage to others also – They cannot be permitted to play with lives of others and they cannot be permitted to infringe rights of other citizens, like right to health guaranteed under Article 21 of Constitution of India – There is a need to help and guide our people to implement guidelines and SOPs issued by Government, either Union or State, such as, wearing of masks, keeping social distance etc. – There must be strict implementation by authorities so as to ensure that SOPs and guidelines issued from time to time are strictly adhered to and followed by people. (Paras 9 and 10)
(C) Constitution of India – Article 32 – Issue of fire incidents in Covid hospitals – Although different States and Union Territories have taken measures and conducted inspections, found out shortcomings regarding prevention of occurrence of fire in Hospitals and Nursing Homes, further, audits and inspections are required to be taken – Union of India has directed States and Union Territories to update their respective local building bye laws/fire services synchronising them in line of “Model Bill on maintenance of fire and emergency service, 2019”, circulated by Ministry of Home Affairs on 16.09.2019 – All States/Union Territories should appoint one nodal officer for each Covid hospital, if not already appointed, who shall be made responsible for ensuring the compliance of all fire safety measures – In each district, State Government should constitute a committee to carry fire audit of each Covid hospital atleast once in a month and inform the deficiency to the management of hospital and report to Government for taking follow up action – Covid hospital who have not obtained NOC from fire department of State should be asked to immediately apply for NOC and after carrying necessary inspection, decision shall be taken – Those Covid hospitals who have not renewed their NOC should immediately take steps for renewal on which appropriate inspection be taken and decision be taken – In event, Covid Hospital is found not having NOC or not having obtained renewal, appropriate action be taken by State – Election Commission of India has issued broad guidelines for conduct of General Elections/Bye-Elections during Covid-19 in August, 2020 – Four weeks’ time allowed to all States and Union of India to file affidavit bringing on record various measures as indicated in this order for consideration and further directions. (Paras 2, 3, 11, 13, 14 and 15)
Facts of the case:
By order dated 27.11.2020 passed in this proceeding Court has taken suo motu cognizance of the incident which happened in Rajkot, Gujarat on 26.11.2020 resulting in death of Covid patients in Covid Hospital. Union of India has called for status of implementation of guidelines issued in reference to preventing recurrence of fire accidents in Hospitals, status of ‘No Objection Certificate’, report regarding inspection and re-inspection of Hospitals and Nursing Homes. In pursuance of the orders issued by Union of India to all the States, status reports were sent to Union of India which has been compiled in Affidavit dated 11.12.2020. Although different States and Union Territories have taken measures and conducted inspections, found out shortcomings regarding prevention of occurrence of fire in the Hospitals and Nursing Homes, further, audits and inspections are required to be taken.
Findings of Court:
There is a need to help and guide our people to implement the guidelines and the SOPs issued by Government, either the Union or the State, such as, wearing of masks, keeping the social distance etc. In many States, despite the huge fine recovered, such as, Rs. 80 to 90 Crores in the State of Gujarat alone, people are not following the guidelines and the SOPs. There must be a strict implementation by the authorities so as to ensure that the SOPs and the guidelines issued from time to time are strictly adhered to and followed by people.
Result : Directions and Guidelines issued.
ORDER :
1. We have heard Shri Tushar Mehta, learned Solicitor General for India and learned counsel appearing for various States. By our order dated 27.11.2020 passed in this proceeding we have taken suo motu cognizance of the incident which happened in Rajkot, Gujarat on 26.11.2020 resulting in death of Covid patients in the Covid Hospital. The Court has also taken notice of earlier incidents of fire in Covid Hospitals. Learned Solicitor General had submitted that immediate steps shall be taken and the report will be submitted. State of Gujarat was also directed to submit the report.
2. Affidavits have been filed by Union of India on 30.11.2020 and 11.12.2020. The Union of India in its affidavit dated 30.11.2020 has brought on record the letter dated 28.11.2020 issued by Ministry of Home Affairs, Government of India. The Government of India issued advisory to all the States to prevent the recurrence of fire incident in Covid Hospitals and Nursing Homes. The Union of India has called for the status of implementation of guidelines issued in reference to preventing recurrence of fire accidents in Hospitals, status of ‘No Objection Certificate’, report regarding inspection and re-inspection of Hospitals and Nursing Homes. In pursuance of the orders issued by Union of India to all the States, status reports were sent to the Union of India which has been compiled in Affidavit dated 11.12.2020. Although different States and Union Territories have taken measures and conducted inspections, found out shortcomings regarding prevention of occurrence of fire in the Hospitals and Nursing Homes, further, audits and inspections are required to be taken. Few States have also filed their separate affidavits enumerating their steps taken by them in compliance of the advisory and requirement for. The Union of India has directed the States and Union Territories to update their respective local building bye laws/fire services synchronising them in line of “Model Bill on maintenance of fire and emergency service, 2019”, circulated by Ministry of Home Affairs on 16.09.2019.
3. The State of Gujarat has filed separate affidavit bringing on record the directions issued by the State and the details of inspection undertaken and audit of few dedicated Covid hospitals. It has further stated that a nodal officer for fire safety has been appointed in dedicated covid hospitals (Government and Private hospitals). We with regard to above, issue following directions:-
(1) All States/Union Territories should appoint one nodal officer for each covid hospital, if not already appointed, who shall be made responsible for ensuring the compliance of all fire safety measures.
(2) In each district, State Government should constitute a committee to carry fire audit of each Covid hospital atleast once in a month and inform the deficiency to the management of the hospital and report to the Government for taking follow up action.
(3) The Covid hospital who have not obtained NOC from fire department of the State should be asked to immediately apply for NOC and after carrying necessary inspection, decision shall be taken. Those Covid hospitals who have not renewed their NOC should immediately take steps for renewal on which appropriate inspection be taken and decision be taken. In event, Covid Hospital is found not having NOC or not having obtained renewal, appropriate action be taken by the State.
4. The State of Gujarat has also brought on record the notification appointing Justice D.A. Mehta to undertake enquiry with regard to fire in Shrey Hospital, Navrangpura, Ahmedabad, in addition to enquiry in to the incident of fire in Uday Shivanand Hospital, Rajkot. The State to extend all cooperation to the Enquiry Commission so that Enquiry report be submitted at early date and the appropriate remedial action be taken by the State.
5. Due to unprecedented Pandemic, everybody in the world is suffering, one way or the other. It is a world war against COVID-19. Therefore, there shall be
