Supreme Court Suggests Lockdown?

Noting that access to a hospital bed being one of the major challenges in the second wave of COVID-19, the Supreme Court added that different protocols in the hospitals of various states have contributed to this crisis. 

The bench headed by Justice DY Chandrachud along with Justices L Nageswara Rao and Ravindra Bhat commended the outstanding work and efforts of the healthcare workers while issuing certain guidelines for the Centre and State in an order passed late Sunday night. 

The order of the Supreme Court stated that:  

• The Centre has been directed to promulgate a national policy within two weeks regarding admissions to hospitals exercising statutory powers under the Disaster Management Act. 
• This policy shall be followed by state governments. Till then however, no individual shall be denied hospitalization or required medication owing to lack of local residential or identity proof. 
• The Centre has also been directed to collaborate with state governments to produce a buffer stock of oxygen to meet the needs of supply lines in case of unforeseen circumstances and to decentralize the location of emergency stocks. 
• In addition to the existing supply of oxygen to the states, the emergency stocks must be created within 4 days with the stocks being replenished every single day. 
• The Centre has been ordered by the Court to solve the oxygen deficit crisis in Delhi on or before the midnight of May 3, 2021 in terms of the assurance of the Solicitor General.
• It has also been directed to revisit issues such as availability and pricing of oxygen and vaccines, initiatives and protocols before the next date of hearing on May 10, 2021. 
• The Central and State governments have been directed to notify all Chief Secretaries/Directors General of Police/Commissioners of Police that strict action will be taken by the Court in case of suppressing information on social media or harassment to individuals seeking or lending help on any platform. 
• The Registrar (Judicial) has been directed to place a copy of this order before all the District Magistrates in the country. 
• The Court has asked the Centre and State governments to keep a record of efforts undertaken to curb the pandemic at the same time considering imposing a lockdown and the ban of mass gatherings. 
• In the face of a lockdown, the government must also make arrangements to cater to the needs of marginalized and economically backward communities.
• The Court called out on the inflated prices of essential drugs like Remdesivir and Tocilizumab and directed the central government to curb the black-marketing of such drugs by appointing a special team to identify and prosecute the culprits. 
• Those involved in selling medical grade oxygen/COVID-19 medication at inflated prices, selling fake substances and so on must be taken to task by the special force. 
• A platform for reporting and redressal of grievances concerning inflated ambulance charges and allied issues must be created along with a protocol for ambulance services.
• For vaccination, the government must consider employing healthcare workers available with the armed and paramilitary forces.  
• The present situation requires the government’s use of extraordinary powers for fixing drug or vaccine prices; provisions of the Drugs and Cosmetics Act, 1940 must be exercised.  
• It must be considered that the healthcare workers are not just “CORONA WARRIORS” but professionals, who have undertaken the task of protecting the public health by employing proven scientific evidence and best practices.   

The bench stated that the lives of the citizens are of immense importance at the moment and cannot be jeopardized for any reason. The State and Centre has to assume responsibility for the same and undertake all possible means to resolve the situation.

The order of the court seeking an immediate response from the Centre in the purview of the current pandemic situation was released on the basis of suo moto, taking into account the “alarming situation” in the nation due to various COVID-19 issues and complications on April 22, 2021.