Call For Emergency Global Tenders To Procure Drugs To Treat Black Fungus: PIL Before Telangana High Court Seeks Direction To Govt

The petition has been moved by Lawyer T. Jayant Jaisoorya who has stated that though the Black Fungus disease is spreading rapidly in the State of Telangana, no effective steps are being undertaken by the Respondents to procure Liposomal Amphotericin B injection required for treatment of the disease.

Averments in the plea

The plea states that despite the fact that the delay in making available the injections might cause irreparable damage to the Health of the patients, the Government is not taking steps on a war-footing basis for procuring adequate stocks of the injection ensuring that it is made available to the private hospitals treating patients on an urgent basis.

Further, the plea states that in view of the acute shortage of the drugs in the State and the meager allocation of Amphotericin being allotted to Telangana by the Central Government, the lives of several patients is being endangered in tic State.

The plea further contends that not taking adequate steps to contain and check further spread of the disease by the government is unconstitutional and amounts to a violation of the Right to Life guaranteed under Article 21 of the Constitution.

Prayers in the plea

• Declare the inaction of the Respondents in undertaking necessary urgent steps for procuring Liposomal Amphotericin B injections and other lifesaving drugs required for treatment of Mucormycosis Black tunics Disease, despite its sudden surge and it being declared as a Notifiable disease under the Epidemic Diseases Act, as unconstitutional for being in brazen violation of the Right to Life guaranteed by Article 21 of the Constitution of
• Direct the Respondents to forthwith undertake all necessary measures including calling for an emergency Global Tender for procure the said drugs and further direct the Union of India to forthwith enhance the Quantity of the Liprasom ml Amphotericin B injections and other such lifesaving drugs being allocated to the State of Telangana.
• Release media bulletins explaining the number of Black Fungus cases being reported in the State.

In related news, while stressing the need to ensure integrated and coordinated treatment of Mucormycosis or black fungus, a plea has been filed before the Allahabad High Court seeking its intervention to declare it an epidemic in the State, and to put judicial machinery in motion with respect to the current situation.

The application has sought directions to the State of UP to make Mucormycosis a notifiable disease under the UP Public Health & Epidemic Disease Control Act read with Epidemic Diseases Act, so all government and private health facilities will follow guidelines for screening, diagnosis, management of Mucormycosis as issued by the government, ICMR or any other State instrumentality.

Also, an Intervention Application has been moved before the Allahabad High Court in the COVID Management matter wherein the High Court is taking stock of the surge in COVID-19 cases in the state of Uttar Pradesh.

The Application has been moved by one Animesh Bajpai, through Advocates Devesh Saxena & Shaswat Anand & Talha A. Rahman praying for directions to the State Government to pass appropriate orders to address the prevailing issue of 'Black Fungus' or 'Mucormycosis'.

The application submits that the response of the State, as well as preparedness, in connection with the COVID pandemic, is not up to the mark, and it appears that the true picture is not being presented to the authorities at the highest level.

Father, Gujarat High Court on Monday (May 17) observed that the second wave of the COVID Pandemic was spreading fast in the rural areas because of the lack of availability of RT­PCR facilities and other infrastructural facilities.

The Bench of Justice Bela Trivedi and Justice Bhargav D Trivedi also directed the Central Government to place on record the information of the general public at large, about the vaccination policy adopted by the Central Government.

Significantly, taking note of the alarming rise in the cases of 'Black Fungus' disease(Mucormycosis), the Bombay High Court(Nagpur Bench) has highlighted the need to reduce the prices of the drugs used for its treatment, and to regulate their production and distribution.

A division bench comprising Justices Sunil B Shukre and Avinash G Gharote was told about the high cost of the drugs for 'Black Fungus'. The bench was also informed that the quantity and dosage of the drugs are high.

Punjab and Haryana High Court on Friday sought the assistance of the States of Punjab, Haryana, and UT of Chandigarh on the steps to curb the spread of black fungus after expressing concern regarding preventive steps.

Also, Observing that doubling the present production capacity of Amphotericin B drug, used to treat Black Fungus may not be sufficient, the Delhi High Court on Thursday directed the Centre to file a status report indicating the present production capacity of the medicine, along with the enhanced production capacity of producers who have been licensed to produce the aforesaid drug.

Earlier the Delhi High Court had sought Delhi Government's response on the stocks being held by it of the Amphotericin B drug used for treating Black Fungus and also about its supplies and process of distributing the same by tomorrow.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh had orally observed:

"Tomorrow we want to know from you that how many stocks are there with you, what are your supplies and how will you distribute it?"