Delhi High Court To Hear Plea Seeking Proper Mechanism To Ensure Availability Of Medicines Essential To Treat Covid-19

The matter was mentioned today by Advocate Tanmay Yadav on behalf of Advocate Kritika Gupta, whose father succumbed to the virus as prescribed medication for his treatment could not be administered timely, due to its non-availability.

"At this stage, there is a shortage of medicine not only at the Hospitals located in Delhi (including Government and Private Hospitals) but also at the chemist shops, and the impact of which can be seen in the increase in the mortality rate in Delhi," the intervention application filed in the case of Rakesh Malhotra v. GNCTD states.

Citing unpreparedness of the Government to deal with the pandemic, the applicant has set forth several suggestions for timely and efficient distribution and availability of COVID-19 medicines to the patients at the place of their treatment.

These include:

• Delhi Government should ensure deployment of at least 1 Nodal Officer at all the COVID-19 Hospitals/Centres in Delhi, who shall be responsible for procurement of required medicines, in a time bound manner, for their respective Hospitals;
• It should issue appropriate directions to all COVID-19 Hospital/Centres to submit the up-to-date stock of the required medicines on daily basis to the concerned Nodal Officer. The said data shall be updated on the website of the Department of Health & Family Welfare, Government of NCT of Delhi on fortnightly basis.
• It should issue appropriate directions to the management of all the COVID-19 Hospitals/Centres to ensure that appropriate requisition slips seeking procurement of COVID-19 medicines are submitted with the concerned Nodal Officer at least 3 days before the exhaustion of the existing stock of medicines to enable him to procure the said medicines in a time bound manner.
• Government should ensure that all the pharmacies of COVID-19 Hospitals in Delhi are provided with adequate quantity of the medicines required for treatment of COVID-19 patients admitted in that Hospital.
• The administration and the Hospital Management must ensure that the family members of the COVID patients are not made to run from one pharmacy to the other pharmacy to locate the availability of the medicines.
• Government should ensure that the Covid-helpline number is in operation all over the State for 24 hours.
• It should appoint 1 Nodal Officer in each district to ensure availability of oxygen and the requisite medicine to the concerned COVID-19 patient at its place of quarantine. It may also provide the said Nodal Officers with helpline numbers which should be operational 24 hours a day.
• Government along with Delhi Police ought to take timely and strict actions against black-marketing of COVID-19 medicines.

The applicant has asserted that the right to health is an integral part of Right to Life enshrined under Article 21 of the Constitution of India and thus, it is the bounden duty of the State under Article 38, 39(e), 41 and 47 of Part IV of the Constitution to ensure that the citizens of this country are provided with proper medical facilities and health infrastructure.