[Breaking] Ghost of Corona marching in Uttar Pradesh cities; government became complacent by end of 2020: Allahabad High Court

The Allahabad High Court on Tuesday made stern observations over the management of COVID-19 in Uttar Pradesh, opining that it is now an open secret that the government had become complacent in monitoring its spread by the end of 2020. .The ghost of corona is marching on the roads and streets of the major cities of Uttar Pradesh, the Bench of Justices Siddhartha Varma and Ajit Kumar said. .In an order passed on Tuesday, the Court also issued various directions to the State for compliance and called for a report to be filed by the time the matter is taken up next on May 3. ."The situation overall in the major cites of Uttar Pradesh has gone very chaotic for the current Covid surge. Whether it is day or night the ghost of Corona is marching on the roads and streets of the major cities of the state and it can be anybody’s fate. Those who are resource full will survive and the rest as histories of past pandemics tell us may die for want of proper healthcare," the order said..The Bench went on to emphasize that it will not tolerate any public announcements detailing the sufficiency of the steps taken by the State when it is an open secret that the government had become complacent in managing the situation.."We, make it clear that we will not tolerate any paperwork or public announcements to show account of the steps taken and its sufficiency as it is now an open secret that government had gone complacent due to weakening of virus impact by the end of 2020 in the state and the government got more involved in other activities including Panchayat elections. Had it been constantly vigilant, it would have prepared itself to face the onslaught of the pandemic in its second wave. Posterity would never forgive us if we remain oblivious to the real public health issues and let the people die for want of adequate health care," the Court stated..The order was passed after perusing the State's affidavit detailing various measures undertaken by it, including for the allocation of 857 metric tonnes of liquid medical oxygen and setting up a control room for its distribution. .The State's affidavit detailed the number of beds available in the State as well as the work underway to add more beds. The affidavit also gave the number of COVID-19 tests conducted (on average, 80,000 RTPCR tests daily), the vaccination rate, other restrictions in place and the awareness campaigns conducted, among other measures..The Bench ultimately opined that there were two issues that required to be streamlined immediately i.e.:1. the management of public health infrastructure;2. raising or enhancing the infrastructure to at least meet 1% of the city's population in every district of the state..Taking note of the State's decision to impose a lockdown only on two days over the weekend, the Court observed, ".... mere fact that number of positive cases as have been shown to have been reduced a little in numbers due two weekend lockdown days, nothing remarkable seems to have been achieved on the front of public health care to the satisfaction of the people.".The following directions were, therefore, issued by the Court:.1. Enhancing medical infrastructure: The Court gave a very honest assessment stating that existing medical health infrastructure in the major cities of Uttar Pradesh has attained saturation."A sustained growth thereof by way of enhancement has to be made. While building structure is a time taking task, optimum use of existing building should be made and setting up of makeshift wards upon the open space on the campuses of the hospitals should be thought of; the Government and district administration is directed to study viability of setting up more and more Level- 1 Covid centres with all requisite facilities so that people voluntarily approach there and stay to curb further spread and help in admission to L2/L3 as per need." The Court further directed that the number of ambulances must be increased immediately. These ambulances must be well equipped with life saving devices, the Bench said. .2. Reporting accurate data on COVID-19 deaths: The Court directed the government to ensure that "every death in all Covid hospitals and assigned private hospitals and other Covid centres in every district is reported to a Judicial Officer to be appointed by District Judge at the end of the day. The government shall also ensure the correctness of the data forwarded to the officer concerned each day." It also directed that the police station in-charge officer, in whose territorial limit the cremation place is situate, to ensure that cremation in COVID death cases is strictly followed as per the guidelines in this regard issued by the government. "He shall also ensure that the details of every COVID death is entered in the register maintained at the cremation area which shall also be communicated to the concerned municipal body or Nagar Nigam. The Government shall ensure that in every hospital where COVID death has taken place, the dead body is packed as per the protocol before it is sent to the cremation place to be finally cremated. The Municipal Commissioners of Nagar Nigam and other officers of Nagar Palikas must be put to task to ensure disposal of dead body of a covid deceased strictly as per protocol," the order said. Notably, the Court also asked the State also to file a report on the "exact number of Covid deaths reported between 19th April 2021 to 2nd May 2021.".3. Major hospitals should have health bulletin system twice a day apprising people of health updates of the patients to avoid visiting attendants to hospitals..4. Mere antigen negative report should not be a ground to throw a patient out of the hospital as such patients can still infect others. They need to be shifted to non-COVID wards for at least a week. For this, government needs to gear up to set up makeshift wards on the campus of the hospitals if there is a space, the Court said. .5. On oxygen and related resources: Government hospitals should be provided with sufficient medicines and injections including Remdesivir for patients to be treated, oxygen supply to hospitals should remain uninterrupted. This should be ensured at all costs so that no one dies for want of oxygen, the Court said. "If even after seven decades of our attaining freedom with so many heavy industries set up, we are not able to provide oxygen to our citizens, it’s a matter of shame," the Court minced no words. It added that although there may be rules and regulations for the transportation of industrial oxygen, "it should be immediately diverted to the use of people making it Medical Oxygen and its immediate uninterrupted supply for the said purpose be ensured by the Government." The State's report to be filed by May 3 is also to contain submissions on the "Viability to use LPG Cylinders for filling Liquid Medical Oxygen to meet the demand of cylinders.".6. Health workers should be engaged on contract basis. Other staff, including data feeders and computer operators should be likewise employed as testing of samples and their collections are to be carried out on a very large scale continuously. "It is unfortunate that even one percent of the city's population of each of the major districts of the State that are hit by Covid has not been tested so far ever since the second wave has hit the State," the Court added. .7. The management of the doctors, medical and paramedical staff needs urgent attention. Effort should be to rotate the staff on a six-hourly basis to give it the required rest..8. Food, sanitation and other budgetary aspects should not come in the way of treatment of admitted patients. Patients must be supplied with good quality food and potable water and paper napkins at every meal which should be served at least 4 times a day in all levels of Covid hospitals and covid centers..9. Sanitization of hospitals, its corridors and washrooms must be undertaken at least three times to four times a day..10. Hospitals that have been taken over or assigned as COVID health centers must be ensured to be well-equipped with all needed medical devices including BiPAP machine, High Flow Cannula Mask and ventilators, in sufficient numbers and with constant oxygen supply..Shun attitude of "My way or no way": Court.The Bench went on to acknowledge that while the government alone cannot fight the pandemic and the people's cooperation and active participation of non-governmental bodies would be required, "those in power must shun the attitude of 'My Way or no way' and should welcome suggestions from all the quarters.".The Court added that it appreciates the State's efforts over the last couple of days, more stringent measures may be required to tackle the COVID-19 surge. "We acknowledge and appreciate the duties that administration has relentlessly performed during the last 3-4 days but they need to put in more looking to the surge of pandemic these days ... we want the Government to come with more stringent measures by the next date fixed," read the order. .Appears neither Police nor Election Commission did anything to save people on election duty from COVID-19: Court.The Court also took judicial notice of a report in the Hindi news daily 'Amar Ujala' that 135 teachers, Shiksha Mitras and Investigators, who were assigned election duty amid the pandemic, had died. .On the aspect of elections, the Court has commented, "It appears that neither the police nor, Election Commission did anything to save the people on election duty from getting infected by this deadly virus.".The Bench proceeded to issue notices UP State Election Commission, Lucknow. The Commission has been asked to explain "why it failed in checking non compliance with covid guidelines during various phases of the panchayat elections held recently and why action may not be taken against it and its officials for the same and to prosecute those responsible for such violations.".Further, the Commission was asked to immediately take all necessary measures to ensure the compliance of COVID-19 protocol in the forthcoming phases of the panchayat elections in the State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.