BENGALURU: The Karnataka High Court ordered the State Executive Committee under the Disaster Management Act to direct private hospitals to provide care to Covid patients, and take penal action if they refuse. A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Alok Aradhe passed the order while hearing PILs pertaining to Covid-19 that sought directions to make private hospitals accountable for denying medical services to Covid-19 patients.

“It is necessary to invoke the Disaster Management Act to enforce directions. Under Section 24 of the Act, the State Executive Committee can issue directions to a person in charge of Covid patients at private hospitals. If such directions are issued, action, including penal action, can be taken against them for default,” the bench said.

Section 24 of the Act empowers the State Executive Committee constituted under the Act to mobilise resources in the face of disaster.  The State said a circular dated July 13, directed hospitals to admit Covid-19 patients without waiting for the BU code, provided they furnished any document -- SMS alert, Arogya Setu app message, or laboratory report -- that showed they had tested positive.

Another circular issued on July 15 directed private hospitals to put up boards displaying the name of the hospital, a break-up of the type of beds available (isolation beds, ICU beds, ICU beds with ventilators), number of beds allocated for Covid patients (which should be half of hospital beds according to rules). The court suggested that the circular could be modified to incorporate a direction to set up a phone number where complaints could be filed if care was denied. 

‘Ensure care for frontline workers’
The State government and BBMP must formulate measures to ensure that frontline workers – pourakarmikas, police personnel, and all health workers (including Asha workers, housekeeping staff in hospitals and others) – are protected, the Karnataka High Court said on Thursday. A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Alok Aradhe said, while issuing the direction, “All stake holders must ensure that special care is taken for them.”  The bench ordered the BBMP to implement its orders issued in March and April on implementing the SOP, which includes providing PPE, masks, etc.