Plea Seeking Compensation For Families Of People Dying Due To Lack Of Oxygen: Delhi HC Directs Govt To Treat It As Representation

A division bench comprising of Chief Justice D. N. Patel and Justice Jasmeet Singh directed that the plea be treated as representation and it be decided in accordance with the law, rules, regulations, and government policy applicable to the facts of the case.

The plea before the Court

The plea was filed by Advocate Shekhar Nanavaty who averred that the state government of Delhi, as well as the central government, have been incapable and unable to supply the requisite amount of Oxygen to its people.

Underlining that the inability of the Government to control and contain the Covid-19 is one thing, and its inability to supply Oxygen to its Citizens is another, the petition added,

"It is with great dismay that the petitioner submits that in most of the recent cases the death of novel corona-virus infected patients have been merely due to the lack of Oxygen and the said deaths cannot be directly attributed to Covid-19…most of the Covid-19 patients who have been able to arrange oxygen for themselves have been able to survive and as such the shortage of oxygen is the actual cause of deaths of people in such cases."

Further, the plea submitted that despite the repeated directions on the part of the Delhi High Court, the respondents have failed to match the requirements /demand of the Oxygen in the state.

"Further the tussle between the Centre and the state Government has been responsible for turning Delhi in to a graveyard, sadly where there is no place for cremation," the plea argued.

Importantly, the plea stated that providing Oxygen to its citizens is the duty of the respondents (governments), however, it added that they miserably failed to abide by their duty which is not only envisaged in the Constitution of India but also finds mention in the Disaster Management Act.

It also averred that such persons rather than being a victim of Covid-19, have fallen prey to the lack of Oxygen which was deeply envisaged in their right to life.

Significantly, the plea stated,

"The fault of being unprepared (with respect to supply of Oxygen) can only be attributed to the respondent Governments. It will not be wrong to state here that the deaths being mentioned herein above are not due to the Novel Corona Virus but due to the lack of Supply of the oxygen, and the respondents will have to owe up to it. If it would not have been for the shortage of oxygen, then those people would still be living."

Prayers of the plea

• Direction to the respondents to initiate and come up with a scheme to provide appropriate compensation to the families of the patients who died due to a shortage of Oxygen.
• Setting up a commission/ receiver or any other appropriate authority to prepare a list of such patients and to monitor and ensure that the financial assistance/ compensation, as decided by the respondents, are provided to them.