'Not Everyone Is Privileged': Gauhati High Court Directs State To Verify Sufficiency Of Rooms Before Recommending Home Isolation For Covid-19 Patients

It has therefore directed the Nagaland Government to make sure that the patients of Covid-19, who are recommended to isolate at home, have sufficient number of rooms and other facilities for the same.

"We are of the view that before directing a person to stay under home isolation, the Surveillance teams constituted by the Government should first see/verify whether the family has sufficient rooms and other facilities in the house where the infected person can be isolated, and if only such facilities are found, the person should be directed to stay under home isolation," a Bench of Justices Songkhupchung Serto and S. Hukato Swu ordered in its suo moto case on Covid-19.

In the event a person is kept under home isolation, the Bench added,

(i) the Surveillance team should stick a notice on the gate of the house stating that the inmate(s) of the house are under isolation;

(ii) the Surveillance team should ensure that none of the inmates of such house venture out till such time as directed by them.

(iii) Medical needs and other needs of such families should be the responsibility of the Government. This comes with a caveat— for those persons who can afford, the Government need not take the responsibility of their needs except the medical advice.

In case the Surveillance team finds that a family does not have facilities for home quarantine, the Bench ordered, the State Government should designate a place or places for keeping such persons in isolation.

COVID Testing

On the issue of Covid-19 testing, the Bench remarked that testing must be done free of cost. It opined that just like random sample testing, fees should not be charged even from persons who come on their own for testing. It also issued direction for ramping-up testing facilities in the State.

COVID Vaccination

The Bench also expressed dissatisfaction at the figures (few thousands) of vaccination drive.

"In a State where the population is 22.8 lakhs the vaccination done so far is precious too little and it is still too far from the target. Therefore, while not belittling the efforts made by the State Government and all those who are working day and night, we are constraint to urge that the vaccine be made available at the earliest and vaccination drive also be done on war footing so that people of the State can be vaccinated at the earliest," it observed.

It further directed that vaccination days fixed in a week for the age group of 18 to 44 years may be increased so that whatever available vaccine may be given to persons who come forward at the earliest.

For the aged and physically challenged persons, the Court urged the State Government to make special arrangements to reach out to them with the vaccine.

Cremation/ Burial

It was also brought to the Court's notice that charges for burials have been exorbitantly high for those who died due to covid infection.

"Since we are in war like situation, we would expect that the Government will take the burden at least for those who cannot afford. We also urge the Government to take appropriate action so that burial charges are not unreasonably high," the Court ordered.

The matter is now posted for June 10.

Case Title: In-Re Kohima, Nagaland v. State of Nagaland & Ors.

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