Bombay High Court disposes of PIL for conversion of train coaches to ICUs after Railway Ministry says not possible to make structural change

The Bombay High Court today disposed of a PIL which, among other things, sought direction for setting up of Intensive Care Units (ICUs) in train coaches to help with the worsening COVID-19 situation (Naresh Kapoor vs Union of India)..The PIL stood disposed of without any directions from the High Court in this regard but with an observation that should the situation worsen, the Court is certain that the concerned authorities would not leave any stone unturned to take care of the condition..The Bench of Chief Justice Dipankar Datta and MS Karnik said,.“The State/the Union/the Corporation may consider the desirability of adding to the existing ICU facilities in whatever manner it thinks best, in the event the situation worsens in future and the demand for more ICU units increases. We have no doubt in our mind that the respondents shall not leave any stone unturned to preserve the lives of citizens despite these testing times and devise ways and means for reaching out to people in distress by providing proper and adequate health-care and medical treatment.”.The Court disposed of the PIL after the Railway Ministry informed the Court that it would not be possible to convert railway coaches into ICUs for treating COVID-19 patients..In its reply filed on June 29, the Railway Ministry had said that this move to convert train coaches into ICUs will not be possible without making major structural changes..“Conversion of coaches to ICU Is not possible without extensive structural modifications & major changes. These changes would need detailed design and can be done only in units with elaborate manufacturing facilities.”the Ministry’s response says..The affidavit points out that the Railway Ministry undertook to develop and modify Railway coaches as isolation and quarantine facilities. Hundreds of train coaches have been converted into isolation facilities to enable treatment of patients with mild or very mild symptoms..To allow for the same, various steps were taken by the Ministry such as removing middle berths from these coaches, conversion of one lavatory in each coach into a bathroom, setting up a cabin area for paramedic area, and also the provision of oxygen cylinders..These coaches would have been provided in States where the State government was facing a burden on its medical and healthcare facilities and had exhausted them due to the rising COVID-19 numbers. However, no request till date has been made by any State government for utilization of these coaches..Setting up of ICUs in these train coaches was not considered necessary as the isolation facility provided was only for patients with mild or very mild symptoms. As per the advice given by the Ministry of Health and Family Welfare (MoHFW), train coaches could not be used as hospitals or similar facility..“Since the Converted coaches were designed/ meant to serve only very mild Covid positive patients or only as isolation centers, no ICU type facilities were felt essential or are available in the converted coaches.”the Reply further adds..Moreover, the isolation or quarantine wards made out of the railway coaches is a temporary facility provided until the time trains become fully operational. Therefore, temporary conversions have been made. Setting up of an ICU, on the other hand, would require “extensive modification and structural change.”.On account of these structural changes being practically impossible, setting up of ICU facilities was not found to be necessary, it is said..The Court proceeded to take these submissions on record and noted that “presently, the situation is not such that conversion of coaches into ICU units is warranted.”.It added that a decision of this nature to convert or not ought to be left with the Executive and as such, the PIL deserved to be disposed of in the interest of justice..The petitioner was represented by Advocates Prerak Choudhary and Jigar Kamdar. .The Centre was represented by ASG Anil C Singh with Advocates Aditya Thakkar and DP Singh. For State of Maharashtra, representation was made by ADvocate General AA Kumbhakoni with Government Pleader PH Kantharia and Additional Government Pleader RJ Mane..Read Order:.Read Reply by Railway Ministry: