Bombay HC muses on suggestions to ink/ stamp wrists of persons who test COVID-19 positive or of those in quarantine

The Nagpur Bench of the Bombay High Court on Wednesday took note of suggestions to put a stamp on or ink the hands of persons who test positive for COVID-19 or who are in quarantine, to prevent their movement and give warning to others who may be proximate to them .Whereas a concern was raised during the hearing regarding whether such inking may contribute to inked persons being stigmatised, the various parties and counsel before the Court opined that it is no more a social stigma, as the infection is wide-spread in several families..The Bench of Justices RK Despande and PV Ganediwala was hearing a suo motu PIL on various issues concerning COVID-19 management. On Wednesday, the Bench dealt with issues such as:Dealing with patients who test COVID-19 positive,BVG ambulances,Over-stocking of oxygen in certain hospitals leading to deficits elsewhere,Allotment of beds to patients, andAvailability of life-saving drugs..The Court observed that,."The COVID-19 infection is on its peak. In order to curb it, the suggestion is that the persons, who are tested positive, can be put a mark of quarantine on their wrist."Bombay High Court.The Court recorded that there was a unanimous opinion among the parties before it that “while conducting tests, a stamp may be put on the wrist of the person tested as positive, in order to avoid his/her moving around and also to enable others to know that the person is infected, to maintain the distance.".The Bench asked the respective departments to look into these issues and give them a report on the same..The Municipal Commissioner assured the Court that he would file an Affidavit placing on record the central system for allotment of beds to patients. The Court left the question of pricing by private hospitals open to be decided..The Joint Commissioner of Food and Drugs Department was directed to give the Bench a report on the hoarding of oxygen cylinders by certain private hospitals. .The authorities were asked to ensure there was no shortage of oxygen in other hospitals. They were also directed to ensure that all 'Dedicated COVID Hospitals' (DCHs) have a steady supply of life saving drugs for COVID-19..The Bench further demanded that the Court be given a definite number of BVG ambulances and their monitoring mechanism..The Bench reminded all parties present that the Court was exercising the jurisdiction of parens patriae to save lives of people.."The jurisdiction of parens patriae is unlimited, vertically and horizontally in the area within our jurisdiction, and the parties need not to be under an impression that the jurisdiction of this Court is limited and there is hardly anything which the Court can do."Bombay High Court.The Bench also added that private hospitals may approach the Court with their grievances, if any..The matter will be heard on Friday, September 25 by the same Bench..The Court has appointed Advocate SP Bhandarkar as the amicus curiae for this matter, whereas AGP DP Thakare, Advocates SM Puranik and BG Kulkarni appeared for various respondents. Senior Advocate SP Dharmadhikari along with Advocate KN Shukul appeared on behalf of a Petitioner in the matter..Read the order here: