COVID-19: SC directs govt to create buffer oxygen stock, hospital admission policy; crack down on profiteers

The Supreme Court in an order released late Sunday night directed the Central government to create buffer stock of oxygen along with the states so that the stock can be used if the regular supply chain is disrupted due to any reason.

"We direct the Central government in collaboration with the states to prepare a buffer stock of oxygen to be used for emergency purposes to ensure supply lines continue to function even in unforeseen circumstances. The location of the emergency stocks shall be decentralised so as to be immediately available if the normal supply chain is disrupted to any hospital for any reason. The emergency stocks shall be created within the next four days. The replenishment of the emergency stocks will also be monitored on a real time basis through the virtual control room in active consultation with each state/UT," notes the Supreme Court order.

The order was passed by a Bench of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat in the suo motu case concerning supply of essential medicines, drugs and vaccines in the wake of second wave of COVID-19, Bar & Bench reported.

Regarding hospital admission, the top court has directed that the Central government shall, within two weeks, formulate a national policy on admissions to hospitals which shall be followed by all state governments.

With respect to social media posts by people citing grievances in relation to COVID-19 facilities, Supreme Court has directed that the Central government and state governments shall notify all Chief Secretaries/Directors General of Police/Commissioners of Police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform will attract a coercive exercise of jurisdiction by this court.

"In these trying times, those desperately seeking help for their loved ones on these platforms should not have their misery compounded through the actions of the State and its instrumentalities," reads the judgment.

Substantiating as to why there should be no clampdown on information, Supreme Court has stated that sharing information widely will help in the creation of a “collective public memory” of this pandemic

"The presence of collective public memory, which refers “to an extant and taken-for-granted group memory” is important for the creation of knowledge of the problems plaguing us today, so they may be passed on across time," states the judgment.

Regarding the oxygen crisis facing Delhi, the Supreme Court noted that the Centre shall ensure, in terms of the assurance of the Solicitor General, that "the deficit in the supply of oxygen to the GNCTD is rectified within 2 days from the date of the hearing, that is, on or before the midnight of 3 May 2021 (Monday)."

The Supreme Court further clarified that prima facie the present circumstance warrant the government’s examination of its extraordinary powers, "meant to be used in extreme situations, such as the current pandemic, for fixing drug prices, be it vaccines, or patented formulations, having regard to the provisions of the Drugs and Cosmetics Act, 1940 and other provisions."

This is especially with regard to medicines which doctors are prescribing but are not readily available in the market.

The Supreme Court has also taken judicial notice of the fact that several critical drugs, used to treat COVID-19, such as Remdesivir and Tocilizumab, are being sold at significantly inflated prices or in fake form.

"This is a condemnable attempt to exploit people’s misery and profit from their helplessness. In order to clamp down on this practice, the Central government can consider constituting a special team to identify and prosecute those who: (a) sell medical grade oxygen/COVID-19 medicines at exorbitant prices; and (b) sell fake substances and recover the concerned substances," reads the judgment.

The top court has clarified that it is alive to the fact that ambulance charges have skyrocketed during the pandemic and there is a need to curtail the same.

"A protocol for ambulances must also be evolved to avoid citizens being exploited by extracting unconscionable charges. The Central government can consider creating a platform for easy reporting and redressal of such cases," it said.

With regard to mass gatherings and its negative impact in contributing to the COVID-19 surge, the Supreme Court has urged "the Central and state governments to consider imposing a ban on mass gatherings and super spreader events."

"They may also consider imposing a lockdown to curb the virus in the second wave in the interest of public welfare. Having said that, we are cognizant of the socio-economic impact of a lockdown, specifically, on the marginalized communities. Thus, in case the measure of a lockdown is imposed, arrangements must be made beforehand to cater to the needs of these communities," reads the judgment.

The Supreme Court said that the public memory of this public event has to transcend its conception as a “war” against the virus of COVID-19 itself, but rather to remember that it is “the complex epidemiological circumstances that promote these outbreaks and the under-resourced health systems that are tasked with disease containment”.

For all the latest India News, Follow India Section.