COVID- Our Responsibility Is To Ensure That People Are Provided With The Healthcare They Need: Patna HC Seeks Bihar Govt's Response On Several Issues

Dealing with a plea concerning COVID management in the state of Bihar, the Patna High Court on Thursday (May 6) observed that no one should lose life only on account of lack of adequate medical care. 

The Bench of Chief Justice Sanjay S. Karol and Justice S. Kumar heard the submissions made by the Bihar Government, Central Government and other counsels with regard to the steps taken to improve the supply of medical Oxygen as also other infrastructural issues for treatment of patients infected with the Corona Virus within the State of Bihar.

At the outset, the Court noted the immeasurable importance of the life of every person and said,

"As representatives of institutions and pillars of a democracy, we collectively hold a responsibility to ensure that the people get the help and are provided with the healthcare they need, especially in these times of great crisis."

The Court also acknowledged the "excellent work" carried out by our doctors and other medical staff whom the Court had in previous litigation termed as 'Guardian Angles'.

Further, highlighting the major issues arising for consideration, the Court crystallized the following as lack of infrastructure and preparation for dealing with the Pandemic Covid-19

• Testing;
• Hospitalization;
• Human resources, i.e. Doctor(s) & Paramedics;
• Requirement, availability and transportation of Oxygen;
• Medicines (both life-saving and otherwise general medication);
• Dissemination of information to the public, increasing public sensitivity and awareness;
• Performance of Last Rites of those who have fallen victim to this disease;
• Disposal of waste generated in testing and treatment;
• The availability and the administration of the vaccine.

In relation to the abovesaid issues, the Court directed the Chief Secretary, Government of Bihar, to file his personal affidavit, dealing with each one of the issues and clarified that information given be true, correct, and verified from all sources.

Granting three days to file the affidavit, the Court added that any information found to be false shall be taken seriously, including initiation of proceedings for perjury. 

Oxygen availability

The Court was informed that the major problem with respect to the availability of medical Oxygen is its transportation from other states to the State of Bihar as the plants are distributed across the country.

The Court noted that the demand is 300 metric tonnes (approx.) and in contrast, the allocated quota was 210 metric tonnes (approx.) by the Central Government and out of this allotted 210 metric tonnes (approx.), 154 metric tonnes (approx.) were currently being brought into the State through a limited number of special transport vehicles available with the State.

Further, the Court was informed that more transport vehicles are to be received by the State, precisely 6 (six) from the State of Jharkhand, and 3 (three) from Indian Oil Corporation.

The Bihar government also informed the Court that once the state gets additional vehicles, it would be able to transport its entire allotted quota, whereafter a request would be made to the Central Government for additional allocation of Oxygen to the State.

The Counsel also emphasized that Oxygen is the first line of treatment on which immediate attention and focus is required and that storage of Oxygen was not an issue, for the State has adequate storage arrangement and its distribution up to the endpoint.

Lastly, the Court observed that before it passes any further order on the issue of demand, transportation and distribution of Oxygen, it was appropriate to direct the Chief Secretary, Govt. of Bihar, to file his personal affidavit verifying the correctness of the statements made about the allocation; transportation; distribution etc.

The matter has now been listed for further hearing on May 10.

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