Bombay High Court: While deliberating upon the instant petitions, wherein various issues were raised vis-à-vis steps taken by the Maharashtra Government and the local authorities of the State to combat the issues arising due to the spread of Covid-19, the Division Bench of Dipankar Datta, C.J., and A.A. Sayed, J., issued certain directions to the State Government and the local authorities regarding the areas where they can further improve upon. The Court also observed that in view of the extraordinary situations emerging due to Covid-19, it is all the more imperative that the Government and the citizens, work together in order to put up a strong fight before the adversary that is Covid-19.
The instant petitions raised the following grievances-
- Failure and/or neglect to provide testing facilities for frontline/healthcare workers at non-COVID hospitals/wards; Absence of PPEs for healthcare workers treating non-COVID patients
- Reluctance of the State to introduce capping of prices/charges for pathological tests; omission to reserve beds in private hospitals for the weaker sections in terms of the provisions of the Bombay Public Trusts Act, 1950
- Unhealthy conditions in quarantine centres
- Despite not being registered as a drug for the cure of COVID-19, Hydroxychloroquine (hereafter HCQ) is being administered thus contravening the New Drugs and Clinical Trial Rules, 2019
- There are no telephonic helplines in cities other than Mumbai
- The Municipal Corporation of Greater Mumbai (hereafter MCGM) War room Dashboard contains incomplete information regarding the availability of beds; the data is available, is inaccurate.
- Private hospitals ought to be reined in so that the patients are not required to bear exorbitant charges for treatment and care
The respondents via their counsel A. A. Kumbhakoni, Advocate General and A.Y. Sakhare, submitted before the Court that detection of COVID patients; arranging facilities for testing; ensuring vigil measures in order to contain the spread of virus; ensuring the common people are well provided with essential items for their sustenance and at the same time easing the lockdown norms in order to allow the economy to stabilise; all such issues are essential matters governance and therefore should be left to the Government to be dealt in order to prevent the spread of Covid-19.
Perusing the grievances raised in the petitions, the Court observed that the duty that the State owes to its citizens cannot be avoided by taking cover under the shield of policy matters. However, the Court also noted that, “the nation expects service, from each one of its citizens as well”. Concluding the judgment, the Bench issued the following directions for the State Government and the Local Authorities-
- The respondents were directed to proceed in the manner prescribed by the ICMR in the event any frontline healthcare worker at non- COVID hospital or ward wishes to get themselves tested.
- Vis-à-vis distribution of PPEs, it was directed that the MCGM must ensure rational need-based distribution and leave no room for complaint in regard to its distribution and the other kits in keeping with the demands of the situation.
- The State Government should spread the net of free testing high and wide to cover the maximum number of people in distress and to extend to the public the facilities as per the Directive Principles of State Policy enshrined under Art. 47 of the Constitution.
- Regarding the administration of HCQ, the Court stated that same has not been banned by the guidelines of the ICMR; there is no reference to any specific incident where administration of HCQ has proved fatal, therefore the Court cannot dissuade the respondents from administering HCQ as prophylaxis, till such time the ICMR prescribes something to the contrary. However, it should not be administered to children below the age of 15 years and to pregnant and lactating women.
- State Government was directed to ensure that other municipal corporations State must emulate the MCGM’s helpline (1916) and make available real-time information.
- MCGM directed to improve the contents of the War room Dashboard and make it effective by providing complete contents of the Dashboard on its website for the benefit of the general public.
- Observing that non-COVID patients too have the Right to Health, the Court directed the respondents to take all such steps at its disposal to ensure that non-COVID patients do not suffer for want of adequate facilities.
- State Government directed to consider an increase in the budgetary allocation for public healthcare for setting up more modern facilities to cope up with similar challenges in the future.
[Jan Swasthya Abhiyan v. State of Maharashtra, PIL-CJ-LD-VC-21/2020, decided on 12-06-2020]
