‘State failed to protect right to life,’ says Delhi HC after death of patient

NEW DELHI: “The state has failed in its fundamental obligation to protect the basic fundamental right, that is, right to life under Article 21,” said an anguished Delhi high court, which was informed on Friday about the passing away of a man, on whose behalf an ICU bed was being sought before it for the past few days.
The bench, earlier during the same hearing, had noted the “complete failure of the state” when dealing with another plea.
There was silence and moist eyes in the court following the announcement by a lawyer who was representing the patient, his brother-in-law, before Justices Vipin Sanghi and Rekha Palli. A feeling of shock and despair overwhelmed the virtual hearing.
“We are very sorry about it… We may at this stage record complete helplessness with the situation,” said the bench. The lawyer, Amit Sharma, had been pleading in court for an ICU bed for his brother-in-law, Atul Kumar Sharma. The patient’s condition had deteriorated over the course of the hearing in the past few days.
One of the hospitals before the court, Maharaja Agrasen, had provided him with a bed in the casualty but had expressed its inability to shift him to an ICU for want of medical oxygen. The patient’s lawyer, however, pleaded that he needed an ICU bed.
O2 , meds, everything in short supply: HC
The bench had urged all hospitals and lawyers appearing for the hearing, especially those who were attending on behalf of the Delhi government and Centre, to help him find a bed. In fact, on April 29, some of these lawyers had personally called up hospitals and sources to find a bed for the patient.
However, it was also learned that shifting the patient from one hospital to another, given his constantly falling parameters, could prove fatal.
On Friday, early during the hearing, the patient’s lawyer broke down and pleaded again for help for his brother-in-law. His oxygen saturation level had dropped drastically, he said, pleading for some intervention. In the meantime, it said whosoever could help the patient should do so. But before any help could reach him, he passed away.
Earlier in the day, in the same hearing, the bench had noted the "complete failure of the state" when dealing with a plea by the Bar Council of Delhi chairman, senior advocate Ramesh Gupta. The senior lawyer had broken down while urging the court to pass directions on his plea for assistance to lawyers practising in the capital.
Gupta, in a tremulous voice, said, "We understand that the situation is not very good… I get hundreds of calls. I am totally helpless. We have made arrangements at a private guesthouse but they can’t have the provision of an ICU… We don’t need money. We just need an attachment with a hospital in case of emergencies. We have doctors, nurses."
The crisis, the court remarked, has developed because medical infrastructure is not in place. "We don’t have oxygen, nurses, doctors, hospital beds. Suppose you get an attachment and create facilities with oxygen beds. Where is the oxygen? Suppose a 100-bedded facility is there, but a great dearth of oxygen will mean that those big hospitals are also helpless. They have stopped admissions of new patients and are asking the remaining people to be taken away," pointed out the bench. "Doctors are crying. From Batra to Max, they are saying we are running (around) for oxygen. Suppose you were to get an attachment but oxygen, medicine… everything is in short supply. It is a complete failure of the state."
"We understand your pain. Every day we are going through this… Problem is what we are seeing is that the surge of Covid, the large number of cases that have come, has shaken the medical infrastructure. Nobody was expecting that it will come with such a menace and attack us," it added.
The bench, in the meantime, ordered the release of 170 concentrators that were seized by Delhi Police so that they could be utilised by needy patients. "The need of the hour is that the said set of concentrators is released by competent authorities — either by the chief metropolitan magistrate or the district magistrate concerned — without any delay. Yesterday, we had passed an order regarding Remdesivir and oxygen cylinders. Same would apply to oxygen concentrators and all other necessary equipment being used for treatment of Covid-19," it held.
Meanwhile, one of the refillers, Seth Air, urged the court to look into its predicament of its funds drying up and its inability to procure oxygen from suppliers owing to the increased cost of transportation. The counsel for Seth Air stated his client was "wiped out" and that his bills were pending with the hospitals and the Delhi government.
The court directed the Delhi government to examine the issue and resolve it. Senior advocate Rahul Mehra assured that all the stakeholders will have a meeting and the issue will be sorted out. Meanwhile, the court suspended its earlier order directing the state government to take over the working of Seth Air after Mehra pointed out that Seth Air is a very "critical link", and ever since the takeover order was passed, the job had completely fallen on the Delhi government.
Referring to an advertisement by the Delhi government seeking assistance from retired doctors, the bench pointed out that it was "impractical" owing to the probable exposure to the infection at a vulnerable age. "Retired doctors are more vulnerable," the court said.
When the issue of RT-PCR tests was raised, the court observed that it had "gone down considerably". Mehra, however, pointed out that the total tests were somewhere between 70,000-80,000 at present.
The court will take up matters concerning individual patients on Saturday.