Case Title
PUBLIC INTEREST LITIGATION (PIL) No. - 574 of 2020
Parties
Petitioner:
In-Re Inhuman Condition at Quarantine Centres And For Providing Better Treatment To Corona Positive
Respondent:
State of U.P.
Counsel for Petitioner
Gaurav Kumar Gaur, Abhinav Gaur, Aditya Singh Parihar, Amitanshu Gour, Arvind Kumar Goswami, Bhagwan Dutt Pandey,Ishir Sripat,Jamil Ahamad Azmi, Jitendra Kumar, Katyayini, Pradeep Kumar Srinette,R.K. Shahi, Rahul Sahai,Rajeev Kumar Singh, Rishu Mishra,S.P.S. Chauhan,SarveshwariPrasad,SatyaveerSingh,ShailendraGarg,SiddharthShukla,SunitaSharma,SuoMoto,Sushil Kumar Mishra, Swetashwa Agarwal, Uttar Kumar Goswami, Vibhu Rai
Counsel for Respondent
C.S.C.,Arun Kumar,Ashish Mishra,Dhiraj Singh, Hari Nath Tripathi, Purnendu Kumar Singh, Satyavrat Sahai,Sunil Dutt Kautilya,Suresh Chandra Dwivedi, Tahir Husain,Vishakha Pande
Bench
Hon'ble Siddhartha Varma,J. Hon'ble Ajit Kumar,J.
Background Facts
PIL has been filed over the spread of coronavirus spread and condition of quarantine centers of the state on the matter related to Santosh Kumar death who was admitted to the isolation ward at Meerut hospital.
The doctor over there failed to identify him and disposed of his body as unidentified. On April 22, Santosh fainted in the hospital bathroom, and efforts were made but declared dead. However, the hospital failed in locating his file and taking the case of an unidentified body. His body was packed in a bag and disposed of, according to the probe report.
Court’s Observation
The court observed that if the doctors and para-medical staff adopt such casual and carelessness approach while performing their duties would be serious misconduct because it’s like playing with the life of innocent people. The state must take serious action against those who are responsible.
Upon examination of the report presented by district magistrates of five districts, the court observed that there is no hesitation in concluding that health infrastructure is inadequate in city areas to meet the necessity of city population and rural areas community centers that lack lifesaving gadgets.
The court further noted that in district Bijnor district the urban population in the year 2021 has gone up 25% compared to the 2011 census report but it still seems like a surprise at not having a level-3 hospital in the said district. The three Government Hospitals have only 150 beds, whereas the total number of BIPAP machines is 5 and the High Flow Nasal Cannula is only 2. It further states that one CHC can cater to only 0.01% population.
The court while hearing the plea stated that the entire system in villages and small cities of UP is at God’s Mercy i.e., Ram Bharose.
Courts Directions and Order
The court directed the state government to provide a sufficient infrastructure for health care in compliance with such direction.
It also suggested that the big business houses taking tax benefit under the law by donating to divert their funds for vaccines in such pandemic period.
Every nursing home has over 20 beds, must have at least 40% of its beds as intensive care units. The nursing homes, having over 30 beds, should compulsorily have an oxygen production plant.
Every 2/3rd tier town of UP should be provided with at least 20 ambulances and each village with at least two ambulances having intensive care unit facilities.
The bench questioned the government that why it, supposedly being a welfare statement, still can’t ensure the availability of more vaccines to the population. Big medical companies working in the country may not have their vaccines but they may take the formula from just any of the vaccine manufacturers in the world and start producing the vaccine.
The court ordered that they will hear the matter on May 22.
