Loss of even one life violative of Constitution: HC raps Goa government on COVID situation in state

MUMBAI:  The Bombay High Court’s Goa bench on Wednesday told the Goa government any death due to lack of oxygen would be violative of Article 21 of the Constitution guaranteeing ‘Right to Live’.

In Goa, 26 people recently died due to oxygen shortage after a supply tank developed a leak.

Coming down heavily on the state government, the High Court said: “We do not want to read any report in the newspaper that yesterday these many people died due to lack of oxygen. Let’s focus on tonight and ensure that no one should die. If any Covid-19 positive patient dies due to lack of oxygen, then it is an infringement of the right to live under Article 21 of the Indian Constitution. It is the duty and the responsibility of every state to protect the lives of the citizens.” 

A bench of justices MS Sonak and NW Sambre said the Constitution says that no lives should be lost. If a death occurs due to want of oxygen, then it is a clear case of violation of the fundamental right to life and it is unacceptable.

“No one is being blamed, but we know that deaths have  occurred due to non-supply of oxygen. Let’s not live in a state of denial. The supply of oxygen in Goa medical college is quite grim. Let’s find a solution, we have to find ways to deal with the situations,” the court observed.

The court said that the Supreme Court has interpreted Article 21 as ‘right to life’. It is the responsibility of the state to protect the life of its citizens.

The Goa government submitted said that the Goa Medical College’s capacity is 700 beds but it is providing care to 950 patients at present.

The additional patients have to be given the oxygen through loose cylinders, which cause logistical problems.

However, the court asked the Goa government to take all necessary steps to ensure smooth supply of oxygen. Courts across the country have been monitoring and urging the respective state governments to ensure smooth supply of oxygen.

Given the crisis, foreign countries, too, are chipping in their bit by sending concentrators and medicines.

Goa reported 2,865 new coronavirus cases and 70 deaths on Wednesday, the health department said.

It took the state's caseload to 1,27,639 while the death toll reached 1,874.

The number of recovered patients rose to 92,974 with 2,840 persons getting discharged from hospitals.

The number of active cases stood at 32,791.

As many as 6,920 coronavirus tests were conducted during the day, taking the total to 7,33,847.

Goa's COVID-19 figures are as follows: Positive cases 1,27,639, new cases 2,865, death toll 1,874, total discharged 92,974, active cases 32,791, samples tested to date 7,33,847.

(With PTI Inputs)