Consider The State Government's Request For Oxygen: Kerala High Court To Centre

During a special sitting convened to deliberate on Covid-19 tariffs charged by private hospitals, a Division Bench of Justice Devan Ramachandran and Dr Kauser Edappagath was informed by counsel that Kerala was running out of oxygen and ICU Beds.

Oxygen

State Attorney KV Sohan prayed for the Court's indulgence in directing the Centre to consider the State Government's request for oxygen.

State Attorney Sohan apprised the Court that the Kerala government's oxygen supplies were running short following the Central Government's direction to lend to other states. He stated that Kerala had requested 400 metric tonnes of Oxygen as buffer, and pointed out that the Centre was giving 1200 metric tonnes to Karnataka.

"That (distribution to Karnataka) was approved by the Honble Supreme Court", Justice Ramachandran said.

"We have an active case(load) of 4.25 lakhs" State Attorney KV Sohan placed before the Court.

"4 point -?", Justice Ramachandran asked

"4.25 lakhs", the State Attorney responded.

"Oh my ..." (Justice Devan Ramachandran's voice trails).

Advocate K Rajkumar for the Assistant Solicitor General told the Court that the demand for oxygen was actively being monitored by an expert body. 

Justice Ramachandran "Correct, but please consider the government's request and availability"

Affirming this, Advocate K Rajkumar for the Assistant Solicitor General's office assured the Court that the Centre would consider the State Government's request.

"We'll take care of that, Mr Sohan", the Court in turn reassured the State Attorney.

"We are running out of ICU beds"

Just prior to the discussion on Oxygen, Advocate Ajith Joy sought a clarification on the modus operandi if the state ran out of ICU Beds. He pointed out that currently 2,528 ICU Beds in the state were occupied, out of a total capacity of 2,857 ICU beds in the state. He stated that there were only 300 ICU beds remaining.

Reading to a Patient Care Order issued by the Kerala Government on May 9, Advocate Joy drew attention to a clause that read - "Motivate and exhort Private Hospitals to increase Covid, Oxygen and ICU beds to minimum 50%". He sought a clarification as to whether this directive was mandatory.

"Obviously because they require money...can only persuade them, 'empathetic persuasion' as we mentioned in another order", Justice Ramachandran replied.

In its judgment, the Court exhorted private hospitals to increase COVID, ICU and Oxygen beds, noting progress already made in this respect.

Additionally, the Court urged the State Government to take over auditoriums, halls, hostels, unused hospitals and such other suitable areas so that the burden of citizens to go before private hospitals stood attenuated.

Click here to download the judgment