The Supreme Court of India formed a 12-member National Task Force to help in allocating oxygen to the states and union territories amid a furious pandemic and reports of shortage of medical oxygen to hospitals from all over the country. The taskforce will be headed by the Union Cabinet Secretary and have a team of very senior and reputed doctors along with the Secretary, Ministry of Health and Family Welfare (MoHFW).
The main job of the task force is to “devise a methodology for the allocation of oxygen to states and union territories on a scientific, rational and equitable basis”.
Only time will tell if the task force will be able to help solve the oxygen-crisis and deliver on its mandate. The Delhi government is still raising red flags over oxygen supply and this means that critical care patients continue to be under the risk of losing their lives despite being admitted in best hospitals.
In a press conference, the Deputy CM of Delhi lamented: “It is very difficult to manage the oxygen supply of hospitals with 487 MTs because there is a demand of 700 MTs. The Supreme Court has also directed that Delhi’s requirement be met. I request the central government with folded hands that the way it assisted us on one day with more than 700 MTs of oxygen, to please ensure the minimum supply of 700 MTs”.
This is just one example of how the apex court of our country along with various high courts has come to the rescue of its citizens amid reports of the virtual incapacitation of our medical infrastructure and a general perception that the government is not able to put its act together to tackle the calamity confronting the nation.
Many in the media heaved a sigh of relief to see the judiciary finally taking up cudgels on behalf of a hapless nation ravaged by the second wave of the corona pandemic that has seen the case count to reach levels of over 4 lakhs a day and the daily death toll of up to 4000. The courts appear to perform what is termed as “watchdog role”, but how much can they help in addressing the crisis? Will the executive wake up to its responsibility of helping the common citizens in getting the basic healthcare facilities, including medicines, vaccines, oxygen and beds or they will have to be monitored and pushed by the judiciary?
COURTS CALL THE SHOTS
Various reports say that no less than 11 high courts of India have come down heavily on the centre and state governments over their handling of the second covid wave. A bench of Chief Justice Hima Kohli and Justice B Vijaysen Reddy of the Telangana High Court pulled up the state government for its “wishy-washy and disappointing” affidavit to a Covid related PIL.
The bench observed: “We are very unhappy with your affidavit as it does not contain any of the details like measures to check footfall in cinema halls and other public places. What are you going to make of the people of the State….sitting ducks? Sorry for being tough, but it is a question of life and death of people.”
The remarks by the two-judge bench of the Allahabad High Court comprising Justice Siddharth Verma and Justice Ajit Kumar have been no less scathing of the response of the state government to the Covid challenge.
They said: “We are at a pain in observing that death of Covid patients just for non-supplying of oxygen to the hospitals is a criminal act and not less than a genocide by those who have been entrusted the task to ensure continuous procurement and supply chain of the liquid medical oxygen. How can we let our people die in this way when science is so advanced that even heart transplantation and brain surgery are taking place these days. Normally, we would have not directed the state and district administration to enquire into such news that has been viralled on social media. But since the advocates who were appearing in this PIL supported such news and even submitted that more or less situations in other districts of the state are the same, we find it necessary to direct for immediate remedial measures to be taken by the government.”
A Supreme Court bench of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat chided the centre and warned it that it will not be a mute spectator to the situation.
The bench of the apex court observed: “Our role will be to coordinate efforts between states. We need to know about the use of central resources of paramilitary forces who have paramedics and army facilities and army doctors and railways. These are common facilities that can be made available for quarantine, vaccination or beds. What is the national plan for this? The safest thing to do is to vaccinate. Till now, what we have been hearing is that the Centre has negotiated a price for a certain amount of vaccine. But we are also hearing that some manufacturers are giving a different price [for vaccines]. What is the Centre doing about this? The Centre is authority as drugs controller.
“If this is not a national emergency situation under the TRIPs agreement, I don’t know what else is? The state cannot deny me the right to health on bureaucratic grounds. The court has to consider laying down a uniform policy. If a Covid patient wants to get admitted, you cannot ask him to follow instructions such as coming in an ambulance or registering via CoWIN app. Covishield and Covaxin are currently available for people aged 45 years and above. From May 1, the vaccination will open for all above 18. The Union shall clarify the projected requirements of the vaccine due to enhancement of coverage.”
With such burning chastisements, it seems like the courts are driving the executive to wake up to its responsibility of providing relief and basic medical amenities to the citizens in a planned and systematic manner.
CAN THE JUDICIARY REALLY RESCUE US?
Many years back, former Chief Justice of India (CJI) K G Balakrishnan, in a wide-ranging interview to a prominent daily, asserted that courts have to serve their role as watchdog over the executive.
He said: “Judicial power also includes the power to take corrective action whenever other branches of the government fail in their duty to respect the rights of the citizens and protect them.”
It is therefore quite heartening that the judiciary of our country has responded actively to various PILs (and in many cases also taken suo moto cognizance) filed by civil society seeking redressal for their fundamental rights under the apparent failure of the executive to foresee and manage the second wave of the pandemic.
However, we must understand the limits of this “active” role of the judiciary. Ultimately, the government of the day is responsible to provide succour for its citizens when there is a health crisis of this scale and intensity.
The words of the Delhi High Court should serve as a dire warning to those in the highest echelons of power – “You can put your head in sand like an ostrich, we will not. You are part of the city and seeing the situation yourself. No, you don’t know. Are you living in ivory towers? We had told you contempt is the last thing in our mind but it is certainly in our mind and don’t drive us to that last point. We mean business now. Enough is enough. Be clear on this. We are not going to take no for an answer”.