Centre, Delhi Govt failed miserably in handling migrant crisis, left it to good samaritans: Delhi High Court

The Central and Delhi government "failed miserably" in handling the migrant crisis during the last lockdown as it left it all to good samaritans, said the Delhi High Court today in the wake of a six-day curfew announced in the national cap to control the raging COVID-19 pandemic (Rakesh Malhotra vs GNCTD). .The Court took note of its own experience of dealing with the issues with respect to construction workers and remarked,"We may say that we found that State failed to utilise thousands of crores lying in its account under the Building and Other Construction Workers Welfare Cess Act, 1996.".Opining that lessons had to be learnt, a Bench of Justices Vipin Sanghi and Rekha Palli directed the Delhi government to provide food to daily wagers at their worksite by engaging the contractors for mid-day meals at schools. ."With the imposition of curfew, the daily wagers.. are again faced with a grim reality. On the last occasion, civil society had come forward," the Court said..The Court directed that withdrawal can be made by the Delhi government from the fund under the Building Act, if required, to provide food to needy daily wagers. .The Court accordingly directed the Chief Secretary, Delhi government to ensure implementation of its directions without any further delay..In response to the Court's remarks, the Delhi government stated that it had provided food to needy people during the lockdown and that it would continue giving assistance to all migrants in the city during the "humanitarian crisis". ."Our heart beats for the poor.. we will do whatever is required. I don't see there being any obstruction. We have to ensure that ..leaders not only say things but also implement," Senior Advocate Rahul Mehra, appearing for the Delhi government said..The order was passed by the Court as it revived a disposed of petition concerning the COVID-19 situation in the city. .Taking note of the high number of cases in Delhi and the country, the Court observed that the pandemic was raging with much greater intensity.."It is evident that the healthcare infrastructure is at the stage of imminent collapse," the Court remarked. .Petitioner-in-person, Advocate Rakesh Malhotra asserted that private laboratories had stopped home collection of COVID-19 test samples fearing action by Delhi government in case of delayed reports..Stating that it did not appreciate such a stand taken by the Delhi government if true, the Court said,."The same would only be counter productive. We have to be clear that labs.. are also hard-pressed because of the very large numbers. It would not serve the internet of any labs to negligently or deliberately delay.".The Court also clarified that no action would be taken against private labs in case of delay. .The Court nonetheless directed the private labs to declare results as soon as possible. The Court said that it "expected" private labs to declare results within 24 hours in terms of its order passed last year. .During the course of the hearing, the Court also considered the issue of scarcity of oxygen supply, Remdesivir and hospital beds. .Mehra informed the Court that the Delhi government had already written to the Central government to increase the supply of oxygen from 300 metric ton per day to 700 metric ton per day. .It was also pointed out that a private company, M/s Inox had stopped supplying oxygen to Delhi and its hospitals, and was instead diverting it to another State..While Mehra refrained from naming the State saying that it "becomes political", the Court remarked, "It's not political for us."."It's one of the larger States. I will leave it at that," Mehra replied. .The Court accordingly directed M/s Inox to honour its contract with the Delhi government and hospitals in Delhi for supply of 140 metric ton of oxygen. .The Court, at the same time, directed Central government to consider Delhi government's request for increased oxygen supply as well as diverting oxygen from lesser-affected States to those who require it the most. .An affidavit was also sought by Court on the status and capacity of beds in the city and on augmenting the supply of drugs. .Counsel for the Central government, Advocate Monica Arora said that a number of steps that have been taken by it in view of the COVID-19 situation. She sought time from Court to file an affidavit on issues raised by the Court. .The matter would be heard next on April 20.