'This Is Like Insurance': Delhi High Court On Creation Of Oxygen Buffer Stock To Combat Covid-19 Third Wave

The Delhi High Court on Wednesday observed that there is no clarity as to whether Centre and Delhi Government have created a buffer stock of liquid medical oxygen (LMO) in the national capital to deal with the anticipated third wave of Covid-19.

"We have been flagging this issue ever since Supreme Court passed an order. What have you done," a Division Bench of Justices Vipin Sanghi and Jasmeet Singh asked Advocate Kitiman Singh, appearing for Centre.

The Bench was referring to the Supreme Court's order dated April 30, directing Central Government to create LMO buffer stocks by collaborating with the States. It added,

"Today if you look at the situation, it seems fine. But if you look at what happened between March and May? There is no escape from this. This (buffer stock) is like insurance. What happens to the order of Supreme Court? The obligation is on you. You have to take action. Please don't defer."

The Court also quizzed Singh as to why why free distribution of vaccines has not been included under CSR.

The Bench was hearing a PIL pertaining to Covid-19 crisis. During the hearing, Amicus Curaie and senior advocate Raj Shekhar Rao submitted that the Government claims to have created capacity for buffer stock. However, the affidavit is not clear if there is any buffer.

"There is a difference between capacity and buffer. We don't need empty vessels," he submitted.

Senior Advocate Rahul Mehra, appearing for GNCTD, informed the Bench that 420 MT LMO is kept at different places with the suppliers (outside Delhi) as lien. "We can draw into these resources as and when required. By August 31, we will transfer this stock to Delhi," he said.  

On the aspect of CSR, Justice Sanghi told Central Government:

"What is prohibited under CSR is activities that fall under normal course of business. If hospitals are providing vaccination over and above what they ordinarily do, free of cost, in these extraordinary times why isn't that exempted? Pharmaceuticals, hospitals giving free vaccines should be given benefit under CSR. Let's say Tata Steel wants to provide CSR by doing free vaccination in Jamshedpur. Why should that not be CSR? Why should supply of medicines, Oxygen to hospitals, free vaccination not be CSR?"

To this, Singh responded that there is major possibility of abuse in permitting people to do CSR in their normal course of business.

Inter alia, the Court was also informed by the Centre that manufacturing capacity of Liposomal Amphotericin B, used for treating patients of black fungus, has been augmented.

"Total no. of black fungus cases have come down from 28,475 on June 27 to 18,833 on July 30. Steps have been taken for augmentation of resources and now there is extra stock. There are no takers. We are not getting sufficient purchase orders...So now there is no Central allocation. States are free to procure the drug from approved manufacturers," Singh stated.

Lastly, the Bench heard Advocate Prabhsahay Kaur on the issue of children orphaned during Covid-19. She pointed out that previously it was claimed that 1,300 children lost either one or both parents. However, as per latest report, this figure is 5,337. The number has increased by five times whereas only 9 queries and 2 applications were made for foster care, sponsoring of children. In this backdrop she submitted that Government needs to run awareness campaigns.

"GNCTD should advertise its foster care/ sponsorship schemes without any delay. Suggestions made by Ms. Kaur through a note should be considered. On the next date, GNCTD should indicate the steps taken for conducting such campaigns," the Court ordered.