38.6c New Delhi, India, Friday, April 19, 2024
Judiciary

"State Has failed to protect the right to life under Article 21": Delhi HC on oxygen shortage in the Capital

By Celin Sunil      05 May, 2021 12:25 PM      0 Comments
oxygen shortage Capital Delhi HC

At present,  India is scuffling to move large quantities of medical oxygen to hospitals in its capital, New Delhi and other areas hit hard by the Covid-19 surge.

Oxygen is not reaching hospital beds on time because of the distance between the production units and the demanding areas. Now that Covid-19 cases are surging in Delhi’s neighbouring states i.e., Haryana and Uttar Pradesh, the oxygen facilities and providers are over-stretched in attempting to meet the demands of the patients.

To fulfil Delhi’s current requirements, additional medical oxygen has to be brought in from industrial zones in eastern India. The facilities from where Delhi will now receive oxygen are spread across seven states, some more than 1,000 km away, according to reports.

In recent days, as a scramble for oxygen among states worsened, local officials in some regions were also accused of disrupting the movement of tankers in a bid to keep supplies for themselves.

The bench of Justices Vipin Sanghi and Rekha Palli of Delhi High Court took account of the matter by hearing a bunch of cases on oxygen shortage in the capital's fight against Covid-19. 

To this effect, the court passed a series of orders in different matters after hearing submissions by the counsel for Maharaja Agrasen Hospital, Jaipur Golden Hospital, Batra Hospital and Saroj Super Speciality Hospital over the shortage of oxygen for treating seriously-ill COVID patients.

The Delhi High Court stated that the state has put the basic fundamental right i.e., right to life, contained under Article 21, at stake./The highlights of its order are as follows:

  • The court held that black marketing and hoarding of essential supplies such as medicines and oxygen tankers, should be stopped and seizures must be made. 
  • It also added that after seizures, immediately the release and distribution of such supplies must be ensured such that, artificial scarcity is not created.
  • It also advised to form WhatsApp Groups of suppliers of oxygen concentrators and cylinders, medicines, daily essential supplies and other such needs so as to ensure better coordination and communication
  • The court also questioned the Centre about inadequate supply of oxygen at Delhi to which the representative Solicitor General Tushar Mehta, responded that the Delhi Government did not arrange for tankers to be re-filled. To this the representative of the Delhi government informed the court that perhaps, officials at the central, state or local administration obstructing the pickup of oxygen supplies.
  • Delhi government representative, Senior Advocate Rahul Mehra, told that many hospitals that have a long association with oxygen suppliers have been refused supply.

Meanwhile, the Centre was also questioned by the Supreme Court about the shortage of liquid oxygen, emergency medicines and health infrastructural issues faced by different states. To this, the Centre responded, "There is no shortage of medical oxygen in the country, supply being augmented for COVID-19 relief.” 

The apex court questioned the government about the pricing of vaccines and advised it to consider a National Immunisation Programme for various vaccines and also think about providing free vaccination to all citizens. "Private vaccine manufacturers cannot be allowed to decide which state should get how much", it added.

Further, it said no state should clampdown information if citizens communicate their grievances on social media. “Clampdown of information hereafter would be considered as contempt of court and such acts would call strict actions,” it said.

The Supreme Court observed that even doctors and healthcare workers are not getting beds and that the situation is grim. It directed hostels, temples, churches and other places to be opened for converting them as Covid care centres after taking stock of the Covid situation in the country.

It further added that the Centre has more responsibility towards Delhi as Delhi represents micro problems of the country. It represents people coming around from states and the Centre is obligated to save lives even if Delhi is unable to lift. 

The Supreme Court directed the Centre to immediately allocate the required and demanded liquid oxygen at Delhi and neighbouring states and to handle the situation carefully.



Share this article:



Leave a feedback about this
TRENDING NEWS

pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
for-wrong-decision-of-suicide-by-person-of-frail-mentality-who-is-to-be-blamed-delhi-hc-gives-view
Trending Judiciary
For wrong decision of suicide by person of 'frail mentality', who is to be blamed? Delhi HC gives view [Read Judgment]

If a man of 'frail mentality' takes the wrong decision to commit suicide, who is to be blamed? Delhi High Court gives a prima facie opinion in the matter.

18 April, 2024 03:23 PM

TOP STORIES

lsj-exclusive-interview-how-bjp-govt-will-free-chhattisgarh-from-naxal-menace
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
sc-rejects-review-of-order-to-pay-rs-154-cr-compensation-to-ex-air-force-staff-for-transfusion-of-hiv-infected-blood
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
cji-cautions-against-overlooking-ethical-legal-consideration-on-use-of-ai-in-court-adjudication
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM
need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email