IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. versus .
[2020] 13 S.C.R. 762, Supreme Court of India, 2020
Outcome: Directions issued
Segment: Issues
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IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND
DIGNIFIED HANDLING OF DEAD BODIES IN THE
HOSPITALS ETC.
(Suo Motu Writ Petition (Civil) No.7 of 2020)
DECEMBER 18, 2020
[ASHOK BHUSHAN, R.SUBHASH REDDY AND
M.R. SHAH, JJ.]
Disaster Management: Covid 19 pandemic – Directions passed
with regard to fire safety measures in Covid Hospitals – State
Government and the Local Administration to make more provisions
for treatment of Covid patients – Strict and stern action be taken
against those violating the Guidelines and SOPs – State
Governments to issue necessary directions with regard to deployment
of more police personnel at crowded places – Permission for
celebration and gathering be not granted unless essential – There
shOuld be a mechanism to check the number of people attending
such function/gathering – Authorities to undertake more testings
and implement weekend curfews and take measures for sealing
containment zones – Regarding gathering organised by political
parties, Election Commission of India issued broad guidelines for
conduct of General Elections/Bye Elections during Covid 19 – All
the State/Union Territory to issue necessary directions to ensure
compliance of those guidelines – States and Union of India granted
four weeks time to file affidavit bringing on record various measures
taken.
CIVIL ORIGINAL JURISDICTION: Suo Moto writ Petition
(Civil) No.7 OF 2020
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN
RE: THE PROPER TREATMENT OF COVID 19
PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN
THE HOSPITAL ETC.
Atul Nanda, AG, Tushar Mehta, SG, K.M. Nataraj, ASG, Nalin
Kohli, AAG, K.V. Vishwanathan, Ms. Manisha Lavkumar, Dr. Manish
Singhvi, Jayanth Muthuraj, Sr. Advs., Kumar Anurag Singh, Addl. Standing
Counsel, Shantanu Sharma, Gurmeet Singh Makker, Rajat Nair, Kanu
Agrawal, Prashant Singh B, Raj Bahadur Yadav, Saurabh Mishra, Mohd.
[2020] 13 S.C.R. 762
762
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Akhil, B. V. Balaram Das, Abhimanyu Tewari, Ms. Eliza Bar, Shuvodeep
Roy, Ankit Roy, Rahul Raj Mishra, Ms. Nimisha, Chirag M. Shroff, Ms.
Abhilasha Bharti, Arun R. Pedneker, Sachin Patil, Aniruddha P. Mayee,
Ms. Deepanwita Priyanka, Ms. Aastha Mehta, Anish Kumar Gupta,
Ms. Archana Preeti Gupta, Chandra Shekhar Suman, Puneet Sheoran,
Ms. Rita Gupta, Ms. Deepshikha Bharati, Dr. Monika Gusain, Himanshu
Tyagi, Saurabh Jain, Anando Mukherjee, G.M. Kawoosa, Ms. Manjula
Gupta, Ms. Priyanka Prakash, Ms. Beena Prakash, G. Prakash,
Pukhrambam Ramesh Kumar, Ms. Anupama Ngangom, Karun Sharma,
Rahul Chitnis, Geo Joseph, Amit Kumar, Avijit Mani Tripathi, T.K. Nayak,
Abhikalp, Siddhesh Kotwal, Divyansh Tiwari, Ms. Ana Upadhyay, Mrs.
K. Enatoli Sema, Amit Kumar Singh, Ms. Uttara Babbar, Ms. Bhavana
Duhoon, Manan Bansal, Sandeep Kumar Jha, M. Yogesh kanna,
Rajarajeshwaran, Aditya Chadha, S. Udaya Kumar Sagar, Ms. Swati
Bhardwaj, Suhaan Mukerji, Ms. Liz Mathew, Vishal Prasad, Nikhil
Parikshith, Sayandeep Pahari for M/s PLR Chambers and Co., Ms.
Garima Prashad, Nagender Singh, Raghvendra Kumar, Anand Kumar
Dubey, Narendra Kumar, Shubhranshu Padhi, Ashish Yadav, Rakshit
Jain, Vishal Bansal, Shibashish Misra, K.V. Jagdishvaran, Ms. G. Indira,
V.G. Pragasam, S. Prabu Ramasubramanian, Awanish Sinha, S.K.
Mohanty, Ms. Sweta Rani, Ms. Gitanshi Arora, Pawan Shree Agrawal,
Ms. Abhipsa Anamika, Ashish Wad, Ms. Tamali Wad, Sidharth Mahajan,
Ms. Sukriti Jaggi, Ajeyo Sharma, M/s J S
Wad and Co., Subhash Chandran,
Biju P Raman, M. Shoeb Alam, Talha Abdul Rahman, Dr. Ishwar Gilada,
Rohit Rathi, Shashank Deo Sudhi, Ms. Aparna Bhat, Ms. Karishma
Maria, Advs. for the appearing parties.
Mukesh Kumar, applicant in person.
The following Order of the Court was passed:
ORDER
1. We have heard Shri Tushar Mehta, learned Solicitor General
for India and learned counsel appearing for various States. By our order
dated 27.11.2020 passed in this proceeding we have taken suo motu
cognizance of the incident which happened in Rajkot, Gujarat on
26.11.2020 resulting in death of Covid patients in the Covid Hospital.
The Court has also taken notice of earlier incidents of fire in Covid
Hospitals. Learned Solicitor General had submitted that immediate steps
shall be taken and the report will be submitted. State of Gujarat was also
directed to submit the report.
IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED
HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.
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2. Affidavits have been filed by Union of India on 30.11.2020 and
11.12.2020. The Union of India in its affidavit dated 30.11.2020 has
brought on record the letter dated 28.11.2020 issued by Ministry of Home
Affairs, Government of India. The Government of India issued advisory
to all the States to prevent the recurrence of fire incident in Covid
Hospitals and Nursing Homes. The Union of India has called for the
status of implementation of guidelines issued in reference to preventing
recurrence of fire accidents in Hospitals, status of ‘No Objection
Certificate’, report regarding inspection and re-inspection of Hospitals
and Nursing Homes. In pursuance of the orders issued by Union of
India to all the States, status reports were sent to the Union of India
which has been compiled in Affidavit dated 11.12.2020. Although different
States and Union Territories have taken measures and conducted
inspections, found out shortcomings regarding prevention of occurrence
of fire in the Hospitals and Nursing Homes, further, audits and inspections
are required to be taken. Few States have also filed their separate
affidavits enumerating their steps taken by them in compliance of the
advisory and requirement for. The Union of India has directed the States
and Union Territories to update their respective local building bye laws/
fire services synchronising them in line of “Model Bill on maintenance
of fire and emergency service,
2019”, circulated by Ministry of Home
Affairs on 16.09.2019.
3. The State of Gujarat has filed separate affidavit bringing on
record the directions issued by the State and the details of inspection
undertaken and audit of few dedicated Covid hospitals. It has further
stated that a nodal officer for fire safety has been appointed in dedicated
covid hospitals (Government and Private hospitals). We with regard to
above, issue following directions:-
1)
All States/Union Territories should appoint one nodal officer
for each covid hospital, if not already appointed, who shall
be made responsible for ensuring the compliance of all fire
safety measures.
2)
In each district, State Government should constitute a
committee to carry fire audit of each Covid hospital atleast
once in a month and inform the deficiency to the management
of the hospital and report to the Government for taking follow
up action.
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3)
The Covid hospital who have not obtained NOC from fire
department of the State should be asked to immediately apply
for NOC and after carrying necessary inspection, decision
shall be taken. Those Covid hospitals who have not renewed
their NOC should immediately take steps for renewal on
which appropriate inspection be taken and decision be taken.
In event, Covid Hospital is found not having NOC or not
having obtained renewal, appropriate action be taken by the
State.
4. The State of Gujarat has also brought on record the notification
appointing Justice D.A. Mehta to undertake enquiry with regard to fire
in Shrey Hospital, Navrangpura, Ahmedabad, in addition to enquiry in to
the incident of fire in Uday Shivanand Hospital, Rajkot. The State to
extend all cooperation to the Enquiry Commission so that Enquiry report
be submitted at early date and the appropriate remedial action be taken
by the State.
5. Due to unprecedented Pandemic, everybody in the world is
suffering, one way or the other. It is a world war against COVID-19.
Therefore, there shall be Government Public Partnership to avoid world
war against COVID-19.
6. Right to health is a fundamental right guaranteed under Article
21 of the Constitution of India. Right to health includes affordable
treatment. Therefore, it is the duty upon the State to make provisions for
affordable treatment and more and more provisions in the hospitals to be
run by the State and/or local administration are made. It
cannot be disputed
that for whatever reasons the treatment has become costlier and costlier
and it is not affordable to the common people at all. Even if one survives
from COVID-19, many times financially and economically he is finished.
Therefore, either more and more provisions are to be made by the State
Government and the local administration or there shall be cap on the
fees charged by the private hospitals, which can be in exercise of the
powers under the Disaster Management Act.
7. Despite the Guidelines and SOPs issued, for lack of
implementation the Pandemic has spread like wild fire. A strict and stern
action should be taken against those who are violating the Guidelines
and SOPs, whoever he may be and whatever position the violator is
occupying.
IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED
HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.
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8. Every State must act vigilantly and to work with the Centre
harmoniously. It is the time to rise to the occasion. Safety and health of
the citizens must be the first priority, rather than any other considerations.
9. People should understand their duty and follow rules very strictly.
It is the duty of every citizen to perform their fundamental duties as
guaranteed under the Constitution of India. By not following the
Guidelines/SOPs issued by the State from time to time, such as, not
wearing the masks, not keeping social distances, to participate in the
gatherings and the celebrations without maintaining social distances, they
are ultimately not damaging themselves but they cause damage to the
others also. They cannot be permitted to play with the lives of the others
and they cannot be permitted to infringe the rights of other citizens, like
right to health guaranteed under Article 21 of the Constitution of India.
10. There is a need to help and guide our people to implement the
guidelines and the SOPs issued by the Government, either the Union or
the State, such as, wearing of masks, keeping the social distance etc. In
many States, despite the huge fine recovered, such as, Rs. 80 to 90
crores in the State of Gujarat alone, people are not following the guidelines
and the SOPs. There must be a strict implementation by the authorities
so as to ensure that the SOPs and the guidelines issued from time to
time are
strictly adhered to and followed by the people. Additional Chief
Secretary (Home)/Secretary (Home) of respective States shall ensure
the strict implementation of the SOPs and the guidelines with the help of
the concerned Superintendent of Police/District Superintendent of Police
and the Police In-charge of the concerned police station.
11. We have already issued various directions with regard to
measures to be taken to contain the Covid-19. We once again reiterate
the State to issue necessary directions with regard to following measures
so as to effectively monitor and supervise the implementation of various
SOPs and guidelines.
i)
More and more police personnel shall be deployed at the
places where there is likelihood of gathering by the people,
such as, Food Courts, Eateries, Vegetable Markets
(Wholesale or Retail), sabzi Mandies, bus stations, railway
stations, street vendors, etc.
ii)
As far as possible, unless must, no permission shall be granted
by the local administration or the Collector/DSP for
celebration/gathering even during the day hours and wherever
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the permissions are granted, the local administration/DSP/
Collector/Police In-charge of the local police station shall
ensure the strict compliance of the Guidelines/SOPs. There
should be a mechanism to check the number of people
attending such function/gathering, such as, the particulars
with respect to how many persons are going to attend the
celebration/gathering, timings during which the celebration/
gathering is to take place etc.
iii)
There shall be more and more testing and to declare the
correct facts and figures. One must be transparent in number
of testing and declaring the facts and figures of the persons
who are Corona Positive. Otherwise, the people will be misled
and they will be under impression that everything is all right
and they will become negligent.
iv)
Whenever directions are issued under the Disaster
Management Act directing the corporate hospitals/private
hospitals to keep 50% or any other percentage free municipal
beds, it must be strictly complied with and there shall be
constant vigilance and supervision.
v)
There shall be free helpline numbers to redress the grievances
of common man, when there is non- compliance of the
directions by the private hospitals/corporate hospitals.
vi)
Curfew on weekends/night be considered by States where
it is not in place.
vii)
In a micro containment zone or in an area where number of
cases are on higher side, to cut the chain, they should be
sealed and there should be complete lockdown so far as
such
areas are concerned. Such containment areas need to be
sealed for few days except essential services. The same is
required to break the chain of virus spread.
viii)
Any decision to impose curfew and/or lockdown must be
announced long in advance so that the people may know
and make provisions for their livelihood, like ration etc.
ix)
Another issue is a fatigue of front row health care officers,
such as, Doctors, Nurses as well as workers. They are
already exhausted physically and mentally due to tireless
IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED
HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.
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work for eight months. Some mechanism may be required to
give them intermittent rest.
12. One more issue has been raised before us regarding gathering
organised by Political parties. The Political parties organise different
proceedings in connection of election as well as in reference to election
of different level including the General Election which are to take place
in few States next year.
13. The Election Commission of India has issued broad guidelines
for conduct of General Elections/Bye-Elections during Covid-19 in August,
2020. With regard to campaign of political parties following are the
guidelines issued by Election Commission of India: -
“13. CAMPAIGN BY THE POLITICAL PARTIES/
CONTESTING CANDIDATES
1)
Door to Door Campaign: - Subject to any other
restriction(s) including extant COVID-19 guidelines, a group
of 5(five) persons including candidates, excluding security
personnel, if any, is allowed to do door to door campaigning.
2)
Road Shows: -The Convoy of vehicles should be broken
after every 5(five) vehicles instead of 10 vehicles (excluding
the security vehicles, if any). The interval between two sets
of convoy of vehicles should be half an hour instead of gap
of 100 meters. (In supersession of Para 5.8.1 of Returning
Officer’s Handbook 2019)”
3)
Election Meetings: - Public gatherings/rallies may be
conducted subject to adherence to extant COVID-19
guidelines. District Election Officer should take
following
steps for this purpose.
(a) District Election Officer should, in advance, identify
dedicated grounds for public gathering with clearly
marked Entry/Exit points.
(b) In all such identified grounds, the District Election Officer
should, in advance, put markers to ensure social
distancing norms by the attendees.
(c) Nodal District Health Officer should be involved in the
process to ensure that all COVID-19 related guidelines
are adhered to by all concerned in the district.
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(d) District Election Officer and District Superintendent of
Police should ensure that the number of attendees does
not exceed the limit prescribed by State Disaster
Management Authority for public gatherings.
(e) DEO should depute Sector Health Regulators to oversee
that COVID-19 instructions/guidelines are being
followed during these meetings.
(f) The political parties and candidates concerned should
ensure that all COVID-19 related requirement like face
masks, sanitizers, thermal scanning etc. are fulfilled
during each of these activities.
(g) Non-Compliance of Instructions:- Anybody violating
instructions on COVID-19 measures will be liable to
proceeded against as per the provisions of Section 51 to
60 of the Disaster Management Act, 2005, besides legal
action under Section 1988 of the IPC, and other legal
provisions as applicable, as specified in Order No.40-3/
2020- DM-I(A) dated 29th July, 2020 of Ministry of
Home Affairs. District Election Officer should bring this
to the notice of all concerned.
4)
Allocation of public spaces must be done using Suvidha app
in the manner already prescribed by Commission.”
14. All the States / Union Territories to issue necessary directions
to ensure compliance of aforesaid guidelines and guidelines although
were issued by General Election/Bye Election, that can be implemented
by different States with suitable modifications with reference to Elections
of other organisations to ensure safety of people in general
from Covid-
19.
15. We allow further four weeks’ time to all the States and Union
of India to file affidavit bringing on record various measures as indicated
in this order for consideration and further directions.
List after four weeks.
Devika Gujral
 Directions issued
IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED
HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.