'Treat It As A Representation': Delhi HC Tells Delhi Govt In Plea Seeking Proper Segregation Of COVID and Non-COVID Patients In Private Hospitals

The Division Bench of Chief Justice DN Patel and Justice Prateek Jalan gave liberty to the Petitioner to move the present plea as a representation before the Delhi Government which shall be dealt by the latter in accordance with law.

Filed by Dr Kaushal Kant Mishra, the petition seeks quashing of the order dated 24/05/20 by the DG of Health Services wherein it has been directed that all private hospitals/nursing homes in Delhi having bed capacity of 50 or more, should reserve 20% capacity for treatment of COVID-19 patients.

While citing the said order as arbitrary, the Petitioner claims that it violates Article 14 and 21 of the Constitution as it will lead to the hospitals becoming further spreaders of infection.

The said, the Petitioner argues, also violates the order dated 28/03/20 of the Central Government which had asked for proper segregation of COVID and non-COVID facilities.

'An unintended consequence of the impugned order is that there is increased risk to the healthcare workers if all hospitals/nursing homes are made to treat COVID-19 patients. This may lead to healthcare workers getting infected in larger numbers, which will lead to shortage of the health care staff and will worsen the situation as proper treatment wont be available in the hospitals. Also, there is hardly any possibility to segregate staff under one roof', the petition argues.

While highlighting the example of Kerala, the Petitioner suggests that the better thing to do would be to make new COVID facilities by taking over banquets, hotels, etc.

The Petitioner further suggests:

'Another possible option would be to take over few hospitals in each District fully and use them exclusively for treating COVID-19 patients. In addition to that each hospital can dedicate one ambulance with emergency care in case any Covid patient needing hospitalization arrives. This ambulance can take the patient to one of the Covid hospital in the District.'

The petition, which has been filed through Advocate Pooja Dhar, will come up for hearing on Friday.