IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. versus . on 18 December 2020

ORDER

1. We have heard Shri Tushar Mehta, learned Solicitor Generalfor India and learned counsel appearing for various States. By our orderdated 27.11.2020 passed in this proceeding we have taken suo motucognizance of the incident which happened in Rajkot, Gujarat on26.11.2020 resulting in death of Covid patients in the Covid Hospital.The Court has also taken notice of earlier incidents of fire in CovidHospitals. Learned Solicitor General had submitted that immediate stepsshall be taken and the report will be submitted. State of Gujarat was alsodirected to submit the report.

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A2. Affidavits have been filed by Union of India on 30.11.2020 and11.12.2020. The Union of India in its affidavit dated 30.11.2020 hasbrought on record the letter dated 28.11.2020 issued by Ministry of HomeAffairs, Government of India. The Government of India issued advisoryto all the States to prevent the recurrence of fire incident in CovidHospitals and Nursing Homes. The Union of India has called for theBstatus of implementation of guidelines issued in reference to preventingrecurrence of fire accidents in Hospitals, status of ‘No ObjectionCertificate’, report regarding inspection and re-inspection of Hospitalsand Nursing Homes. In pursuance of the orders issued by Union ofIndia to all the States, status reports were sent to the Union of IndiaCwhich has been compiled in Affidavit dated 11.12.2020. Although differentStates and Union Territories have taken measures and conductedinspections, found out shortcomings regarding prevention of occurrenceof fire in the Hospitals and Nursing Homes, further, audits and inspectionsare required to be taken. Few States have also filed their separateaffidavits enumerating their steps taken by them in compliance of theDadvisory and requirement for. The Union of India has directed the Statesand Union Territories to update their respective local building bye laws/fire services synchronising them in line of “Model Bill on maintenanceof fire and emergency service, 2019”, circulated by Ministry of HomeAffairs on 16.09.2019.

E3. The State of Gujarat has filed separate affidavit bringing onrecord the directions issued by the State and the details of inspectionundertaken and audit of few dedicated Covid hospitals. It has furtherstated that a nodal officer for fire safety has been appointed in dedicatedcovid hospitals (Government and Private hospitals). We with regard toFabove, issue following directions:-

1) All States/Union Territories should appoint one nodal officerfor each covid hospital, if not already appointed, who shallbe made responsible for ensuring the compliance of all firesafety measures.

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2) In each district, State Government should constitute acommittee to carry fire audit of each Covid hospital atleastonce in a month and inform the deficiency to the managementof the hospital and report to the Government for taking followup action.

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3) The Covid hospital who have not obtained NOC from firedepartment of the State should be asked to immediately applyfor NOC and after carrying necessary inspection, decisionshall be taken. Those Covid hospitals who have not renewedtheir NOC should immediately take steps for renewal onwhich appropriate inspection be taken and decision be taken.In event, Covid Hospital is found not having NOC or nothaving obtained renewal, appropriate action be taken by theState.

4. The State of Gujarat has also brought on record the notificationappointing Justice D.A. Mehta to undertake enquiry with regard to firein Shrey Hospital, Navrangpura, Ahmedabad, in addition to enquiry in tothe incident of fire in Uday Shivanand Hospital, Rajkot. The State toextend all cooperation to the Enquiry Commission so that Enquiry reportbe submitted at early date and the appropriate remedial action be takenby the State.

5. Due to unprecedented Pandemic, everybody in the world issuffering, one way or the other. It is a world war against COVID-19.Therefore, there shall be Government Public Partnership to avoid worldwar against COVID-19.

6. Right to health is a fundamental right guaranteed under Article21 of the Constitution of India. Right to health includes affordabletreatment. Therefore, it is the duty upon the State to make provisions foraffordable treatment and more and more provisions in the hospitals to berun by the State and/or local administration are made. It cannot be disputedthat for whatever reasons the treatment has become costlier and costlierand it is not affordable to the common people at all. Even if one survivesfrom COVID-19, many times financially and economically he is finished.Therefore, either more and more provisions are to be made by the StateGovernment and the local administration or there shall be cap on thefees charged by the private hospitals, which can be in exercise of thepowers under the Disaster Management Act.

7. Despite the Guidelines and SOPs issued, for lack ofimplementation the Pandemic has spread like wild fire. A strict and sternaction should be taken against those who are violating the Guidelinesand SOPs, whoever he may be and whatever position the violator isoccupying.

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A8. Every State must act vigilantly and to work with the Centreharmoniously. It is the time to rise to the occasion. Safety and health ofthe citizens must be the first priority, rather than any other considerations.

9. People should understand their duty and follow rules very strictly.It is the duty of every citizen to perform their fundamental duties asBguaranteed under the Constitution of India. By not following theGuidelines/SOPs issued by the State from time to time, such as, notwearing the masks, not keeping social distances, to participate in thegatherings and the celebrations without maintaining social distances, theyare ultimately not damaging themselves but they cause damage to theothers also. They cannot be permitted to play with the lives of the othersCand they cannot be permitted to infringe the rights of other citizens, likeright to health guaranteed under Article 21 of the Constitution of India.

10. There is a need to help and guide our people to implement theguidelines and the SOPs issued by the Government, either the Union orthe State, such as, wearing of masks, keeping the social distance etc. InDmany States, despite the huge fine recovered, such as, Rs. 80 to 90crores in the State of Gujarat alone, people are not following the guidelinesand the SOPs. There must be a strict implementation by the authoritiesso as to ensure that the SOPs and the guidelines issued from time totime are strictly adhered to and followed by the people. Additional ChiefSecretary (Home)/Secretary (Home) of respective States shall ensureEthe strict implementation of the SOPs and the guidelines with the help ofthe concerned Superintendent of Police/District Superintendent of Policeand the Police In-charge of the concerned police station.

11. We have already issued various directions with regard tomeasures to be taken to contain the Covid-19. We once again reiterateFthe State to issue necessary directions with regard to following measuresso as to effectively monitor and supervise the implementation of variousSOPs and guidelines.

i)More and more police personnel shall be deployed at theplaces where there is likelihood of gathering by the people,Gsuch as, Food Courts, Eateries, Vegetable Markets(Wholesale or Retail), sabzi Mandies, bus stations, railwaystations, street vendors, etc.

ii)As far as possible, unless must, no permission shall be grantedby the local administration or the Collector/DSP forHcelebration/gathering even during the day hours and wherever the permissions are granted, the local administration/DSP/Collector/Police In-charge of the local police station shallensure the strict compliance of the Guidelines/SOPs. Thereshould be a mechanism to check the number of peopleattending such function/gathering, such as, the particularswith respect to how many persons are going to attend thecelebration/gathering, timings during which the celebration/gathering is to take place etc.

iii)There shall be more and more testing and to declare thecorrect facts and figures. One must be transparent in numberof testing and declaring the facts and figures of the personswho are Corona Positive. Otherwise, the people will be misledand they will be under impression that everything is all rightand they will become negligent.

iv)Whenever directions are issued under the DisasterManagement Act directing the corporate hospitals/privatehospitals to keep 50% or any other percentage free municipalbeds, it must be strictly complied with and there shall beconstant vigilance and supervision.

v)There shall be free helpline numbers to redress the grievancesof common man, when there is non- compliance of thedirections by the private hospitals/corporate hospitals.

vi)Curfew on weekends/night be considered by States whereit is not in place.

vii)In a micro containment zone or in an area where number ofcases are on higher side, to cut the chain, they should besealed and there should be complete lockdown so far as suchareas are concerned. Such containment areas need to besealed for few days except essential services. The same isrequired to break the chain of virus spread.

viii)Any decision to impose curfew and/or lockdown must beannounced long in advance so that the people may knowand make provisions for their livelihood, like ration etc.

ix)Another issue is a fatigue of front row health care officers,such as, Doctors, Nurses as well as workers. They arealready exhausted physically and mentally due to tireless A

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Awork for eight months. Some mechanism may be required togive them intermittent rest.

12. One more issue has been raised before us regarding gatheringorganised by Political parties. The Political parties organise differentproceedings in connection of election as well as in reference to electionBof different level including the General Election which are to take placein few States next year.

13. The Election Commission of India has issued broad guidelinesfor conduct of General Elections/Bye-Elections during Covid-19 in August,2020. With regard to campaign of political parties following are theCguidelines issued by Election Commission of India: - “13. CAMPAIGN BY THE POLITICAL PARTIES/CONTESTING CANDIDATES

1) Door to Door Campaign: - Subject to any otherrestriction(s) including extant COVID-19 guidelines, a groupDof 5(five) persons including candidates, excluding securitypersonnel, if any, is allowed to do door to door campaigning.

2) Road Shows: -The Convoy of vehicles should be brokenafter every 5(five) vehicles instead of 10 vehicles (excludingthe security vehicles, if any). The interval between two setsEof convoy of vehicles should be half an hour instead of gapof 100 meters. (In supersession of Para 5.8.1 of ReturningOfficer’s Handbook 2019)”

3) Election Meetings: - Public gatherings/rallies may beconducted subject to adherence to extant COVID-19Fguidelines. District Election Officer should take followingsteps for this purpose.

(a) District Election Officer should, in advance, identifydedicated grounds for public gathering with clearlymarked Entry/Exit points.

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(b) In all such identified grounds, the District Election Officershould, in advance, put markers to ensure socialdistancing norms by the attendees.

(c) Nodal District Health Officer should be involved in theprocess to ensure that all COVID-19 related guidelinesHare adhered to by all concerned in the district.

(d) District Election Officer and District Superintendent ofPolice should ensure that the number of attendees doesnot exceed the limit prescribed by State DisasterManagement Authority for public gatherings.

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(e) DEO should depute Sector Health Regulators to overseethat COVID-19 instructions/guidelines are beingBfollowed during these meetings.

(f) The political parties and candidates concerned shouldensure that all COVID-19 related requirement like facemasks, sanitizers, thermal scanning etc. are fulfilledduring each of these activities.

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(g) Non-Compliance of Instructions:- Anybody violatinginstructions on COVID-19 measures will be liable toproceeded against as per the provisions of Section 51 to60 of the Disaster Management Act, 2005, besides legalaction under Section 1988 of the IPC, and other legalprovisions as applicable, as specified in Order No.40-3/2020- DM-I(A) dated 29th July, 2020 of Ministry ofHome Affairs. District Election Officer should bring thisto the notice of all concerned.

4) Allocation of public spaces must be done using Suvidha appin the manner already prescribed by Commission.”

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14. All the States / Union Territories to issue necessary directionsto ensure compliance of aforesaid guidelines and guidelines althoughwere issued by General Election/Bye Election, that can be implementedby different States with suitable modifications with reference to Electionsof other organisations to ensure safety of people in general from Covid-19.

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15. We allow further four weeks’ time to all the States and Unionof India to file affidavit bringing on record various measures as indicatedin this order for consideration and further directions.

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List after four weeks.

Devika Gujral

Directions issued

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