Point of Law: Covid -19 – Second wave – Directions issued to State and Central Government to make available Remdesivir, Oxygen and''RT-PCR'' and "Rapid Antigen" tests' - Every legal right has a corresponding legal duty of citizen to take all precautions and fail to discharge their duty towards the society

JUDGMENT

Dipankar Datta, C.J.

1. The petitioner, a practicing advocate of this Court, has filed this petition pro bono publico raising concerns of seminal importance in relation to the medical treatment of the patients infected by Covid-19, a virus, which has left the entire mankind in one of the most painful and miserable conditions of suffering.

2. The concerns as raised by the petitioner are arising from the second wave of the pandemic which has gripped the country and more particularly nastily affecting the citizens of Maharashtra. There are four issues raised by the petitioner, which are: firstly on shortage of supply of the drug 'Remdesivir'; secondly, shortage of supply of oxygen; thirdly the 'Bed management'; and fourthly in regard to the Covid-19 tests namely the "RT-PCR" and "Rapid Antigen" tests.

3. We note the case of the petitioner on each of these issues:

(I) Supply of Remdesivir

The petitioner has contended that Remdesivir (for short "the said drug") is used in the treatment of Covid-19 patients. This drug is in the form of injection available in vials. This drug reduces the need for oxygen and the longer hospitalization of the patients. There are other drugs by name Tocilizumab and Itolizumab, however, to the knowledge of the petitioner, only the said drug (Remdesivir) is being prescribed. That there is a severe shortage of this drug and it is hence not available to the patients who are in its dire need. The patient and his relatives are required to hunt for such drugs not only in the very same city but also in other cities. There is no mechanism whatsoever by which such drug is made available to the patients in the course of their treatment. The reasons for such shortage are manifold, including shortfall in the quantity of its manufacturing, illegal hoarding, etc. There is total lack of control of the State authorities in its procurement and making the same available. It is contended that there are 6 vials which are required for each patient and if there are more number of persons in a family who are infected, then the requirement would be even larger. In short, the case of the petitioner is that severe shortage of such drug has generated fear and panic amongst the citizens. The very thought of its non-availability itself severely affects the weak and diminished morale of the patients. The patients or his family members, in such critical conditions cannot be left to hunt for such drug when prescribed, as the nature of the drug is such that it is essential in the treatment protocols for the Covid patients. It is hence the petitioner's case that a mechanism is required to be put in place by the State authorities, by which the drug is easily available to all the patients, who are in requirement of such drug. The petitioner has set out in the petition the struggle of the citizens and of her own relatives for procurement of such drug. The petitioner has stated about various attempts made by her running from pillar to post, which included dialing of Drug Inspector, as also the Toll Free number being notified and informed by various news channels and social media posts, as provided by the Collector and Drug Inspector for availing the said drug. She states that the repeated dialing of such number was in vain and the response being received was that of the number being busy and/or due to faulty line condition the call cannot be answered.

(II) Supply of Oxygen

The other issue of serious concern raised by the petitioner is in regard to shortage of oxygen at the hospitals and Covid centres. It is stated that Covid-19 positive patients are dying outside the hospitals due to failure on the part of the Government or the private hospitals to make available oxygen. The petitioner has referred to various social media posts, newspaper reports and prescription from the hospitals asking the patients to arrange for oxygen. She has also