Karnataka HC Wants State To Modify State Level Committee Constituted To Supervise Covid-19 Hospitals As It Failed To Discharge Its Duties [Read Order]

A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar on going through the report submitted by the committee noted that "The data published by the State Government of the number of cases reported every day will show that the cases in the entire State and in particular, the city of Bengaluru are on the rise. We, therefore, expected that the State Level Committee which is appointed as per the directions of the Apex Court will play a very proactive role. The report submitted by the Member Secretary shows that the State Level Committee has not discharged its duties."

The court rejected the report submitted by the committee which suggested that in terms of providing amenities and facilities, there are no deficiencies in any of the COVID-19 hospitals in the State. The court noted "This tall claim made by the State Level Committee cannot be accepted for the simple reason that there is nothing placed on record that a large number of hospitals in all the districts were visited with a view to ascertain whether adequate facilities are available."

The bench reminded the government that "Right to lead a healthy life is a part of the fundamental rights guaranteed under Article 21 of the Constitution of India. A period of six months has gone by after the first case of COVID-19 was detected in the State of Karnataka. The situation is that the cases are on steady rise and in fact, in some areas, the same are multiplying. In the context of the fundamental right under Article 21 of the Constitution of India, it is the duty of the State Government to ensure that periodic checks are made in all the COVID hospitals recognized by the State Government. If the State Level Committee and the District Level Committees are not able to perform their duties, it is for the State Government to modify the constitution of the said Committees so that they become very active."

Accordingly it directed the government to immediately take a call on activating the State Level Committee and the District Level Committees for ensuring that they perform their duties. To come out with a programme or scheme which will ensure that availability of adequate infrastructure and facilities in all the private COVID hospitals in the State is monitored regularly. The government has to come with a concrete solution on this aspect by September 28.

Oxygen Availability in hospitals.

The court has also directed the state government to respond on the status of availability of adequate oxygen in the State and the issue of escalation of price of the oxygen cylinders. The direction was issued after advocate Shridhar Prahu informed the court that during the last few days, there is a shortage of supply of oxygen in the State and as a result, the prices of oxygen cylinders have skyrocketed. He urged that some steps will have to be taken for price control inasmuch as if the cost of oxygen increases, the cost of treatment of COVID-19 will also increase.

Payment of Wages to Pourakarmikas

Court has directed the state government to ensure that 27 Urban local bodies (ULBs) pay full wages up-to-date to the pourakarmikas within a maximum period of 15 days. If any of the ULBs fail to pay wages by this timeline, the State Government will have to step-in and ensure that full wages are paid to the pourakarmikas.

In regards to insurance amount to be paid to family members of the deceased Pourakarmikas the court said "It is recorded that 11 deaths of pourakarmikas have been reported in 9 ULBs across the State and instructions have been issued to the concerned ULBs to forthwith pay Rs.30 Lakhs compensation to the families of the deceased. The State Government shall ensure that the amount of Rs.30 Lakhs is released to the families of the deceased at the earliest and submit a report to the Court." In respect of insurance amount to be paid to the family members of pourakarmika who was deputed at Covid care centre, the court said if the New India Assurance Company takes unreasonable time in releasing the amount, the State Government can move the court so that an appropriate direction can be issued to the company.

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