Directs state government slew of measures to contain Covid-19

Shimla: Himachal High Court has directed the state government to increase the number of authorized laboratories, clinics, hospitals to increase testing of Covid-19 in Himachal.

The state government was also asked to consider sending fully equipped ‘mobile vans’ to increase Covid testing, besides the Rapid Antigen Kit, or the RT PCR tests.

The Court directed the state government slew of measures while hearing a petition on the issue of lack of medical facilities in the state medical colleges and hospitals to tackle the menace of corona pandemic on Thursday.

The Division Bench comprising Justice Tarlok Singh Chauhan and Justice Chander Bhusan passed these orders on a writ petition highlighting the issue of lack of oxygen facilities at Dr Y. S. Parmar, Government Medical College, Nahan and the non-functioning of 25 ventilators which have been given to the Medical College under HIM Care Scheme.

To tackle the pandemic menace, likely to increase in the coming months, the Court directed the state to increase the number of dedicated COVID-19 Hospitals and consider the feasibility of establishing temporary hospitals with the help of any other Central agency, so that sufficient number of beds equipped with Oxygen tank and ventilators are available. 

The Court also directed to increase the number of ICUs in the hospitals, as the second strain is said to be directly affecting the lungs of the patient.   

The Court said, “Until and unless our front-line warriors are protected from COVID-19 virus, it will be impossible for us to win the battle against the COVID-19 virus, so the Court directed the state government to ensure providing of PPE kits and other protective gears to all the medical staff looking after the COVID-19 patients.”

For the convenience of the public/patients, the Court directed the state government to publish the names and locations of the testing centres, Hospitals/Dedicated COVID-19 Health Care Centres in the media bulletin on a daily basis, which should also clearly indicate the availability of total number of beds, vacant beds, beds with ventilators/oxygen cylinders and beds without any oxygen tank/cylinder, in each hospital/Dedicated COVID-19 Health Care Centres.

The Court made it clear that in case the private hospitals refuse to cooperate or are reluctant to provide Covid test and covid facilities, then the state government shall forthwith resort to coercive steps as provided under the Disaster Management Act and also Essential Services Maintenance Act and the State may proceed to take any other coercive or punitive step as may be warranted and otherwise permissible under the law.

The state should also consider purchasing of additional CT Scan Machines in the State, to detect the second strain of Covid-19 virus, maintained the Court.

Apart from the aforesaid directions, the Court directed the state to furnish the information regarding available bed capacity exclusively for Covid-19 facilities in the state both in government and private hospitals alongwith the details of the availability of oxygen (high flow or otherwise).

The state government has been directed to give the details of the steps taken and proposed to augment the availability of oxygen meeting both the current and projected requirements.

Furthermore, the state government has been asked to place on record the plan prepared by the state government under the Disaster Management Act to tackle the Covid-19 cases and steps taken to ensure the availability of essential drugs and the modalities which have been set up for controlling the essential drugs for preventing hoarding and ensuring the proper communication of the requirement at the level of each Districts by the District Health Authorities or the Collectors of the Health Department of the state.

Give the details of the steps taken by the Government to comply with the judgment of Supreme Court in suo motu Writ Petition (Civil)No. 3 of 2021 regarding Distribution of Essential Supplies and Services during pandemic, dated 30 April,2021, ordered the court.

The Court also directed the state to provide details along with data with regard to distribution of the oxygen, demand and supply of oxygen for the last two weeks and further the details proposed to augment the supply of oxygen.

Ensure the uploading of real time data about the availability of beds in each hospital of the state onfor Covid-19 patients on its Web Portals and also the Web Portals of all the Hospitals and also physically display the data outside each hospital on daily basis, asked the court.

As regards the availability of beds in hospital, the Court directed that information must be placed in the public domain by the state government for all Covid designated hospitals in the state, both public and private through dedicated website and physically outside the hospital.

Such information must be updated once every eight hours and it must be ensured that the site is not password protected and does not require any login credentials to view this information, the Court maintained.

The Court also directed that state shall also furnish the steps taken regarding the availability of oxygen for those all theCovid-19 patients, who though may in home isolation but require oxygen. 

The Court said that the experts speculate a third wave and, therefore, the state shall disclose its road-map in case third wave strikes. The Court also directed the State Government to disclose clearly as to from which date, the vaccination programme for the age group between 18 to 44 shall commence.  

The Court directed the state to furnish the complete details regarding the availability of essential medicines required for the treatment of Covid-19 patients, and in case of short-fall, the steps taken in this regard.

Secretary (Health), Union of India should ensure the adequate availability of the essential drugs,more particularly, the lifesaving drugs to the state of Himachal Pradesh and enumerate in detail the steps taken in this regard on or before the next date of hearing, directed the Court.

The court has posted the matter for 10 May, 2021.