Article 21 is completely violated if people die due to lack of Oxygen: Bombay High Court Goa Bench

COVID positive patients dying due to lack of Oxygen is a gross infringement of right to life under Article 21, the Goa Bench of Bombay High Court observed on Wednesday while exhorting the State and other authorities to make all efforts to ensure Oxygen needs of the State are met. (South Goa Advocates Association v. State of Goa & Ors.).A Bench of Justices MS Sonak and NW Sambre aid that several deaths are taking place in the State due to lack of Oxygen and the Court and authorities cannot be in denial.“It is not our intention or role or expertise to go into supply, logistics etc. (But) as a Constitutional court we recognise right to life and have to ensure life is protected Article 21 is completely violated if people die due to lack of Oxygen,” the Court said..The Bench also noted that there was a corresponding duty case on the State to ensure that "this life is not extinguished on account of inability on the part of the State to supply oxygen to these unfortunate victims of the pandemic". This duty can neither be avoided by pleading helplessness nor by putting logistical difficulties in sourcing and supplying oxygen, the Bench said. .The Court noted that the Goa Medical College alone needs 1000 cylinders of Oxygen of which 500 needs to be delivered by 2 pm.The Court also recorded the submission by Dean of GMC that it would require 72 trolleys of oxygen if patients admitted have to be effectively treated and there is no death for want of OxygenThe Court directed the State to ensure that the same is met.“At this stage we can only say State administration has to make further efforts to see that GMC is supplied with Oxygen as indicated above,” the Court said..Scoop Industries assured the Court that by today evening itself about 55 trolleys of oxygen and 600 jumbo cylinders will be made available at Goa Medical College. .The Court was hearing a public interest litigation (PIL) petition filed by South Goa Advocates' Association (SGAA) seeking court’s intervention in issues related to COVID-19 management in Goa. .The Court had on Tuesday pulled up the District Magistrates (DMs) of North and South Goa for modifying its order restraining persons from entering Goa without a COVID-19 negative report. The State was directed to ensure that no person is allowed entry into the State without a COVID-19 negative certificate obtained within 72 hours before entering the State..Advocate General DJ Pangam submitted the the State will be satisfied if till their application of variance of order is heard, the essential goods services vehicles is allowed to enter the State without any insistence of COVID negative certificate for the drivers or helpers. .The Court accepted the condition suggested by state that they will check the drivers with thermal guns waived the requirement of COVID negative certificate for the drivers and the helper. ."If they display the symptoms, then, the police authorities or the other authorities should deny access to such persons within the State of Goa," the Court clarified while expressing hope that these waivers are "misused by anyone resulting in the further spread of epidemic"..Holding the doctors and nurses and the paramedical staff at the forefront of this fight against the epidemic are exhausted the Court averred that concerned must not insist on waiver in the name of the protesting the interests of economy. ."The importance of the economy can never be undermined, but at this stage at least, the priority and emphasis shall have to be on issues of health and survival. Ultimately, the economy is for the people and not the other way round. Once the position improves, obviously the focus can and perhaps will have to shift on the economy." the court concluded..Extending their order of May 11 till further order, the Court posted the hearing to Thursday to hear on the issue of supply of oxygen..[Read order here]