[COVID-19] Madras High Court directs Centre to take immediate steps to prevent oxygen reserves in Tamil Nadu from running out

In view of concerns that Tamil Nadu is on the verge of exhausting its oxygen reserves, the Madras High Court today directed the Central government to take immediate steps by tomorrow to ensure that an adequate supply of oxygen is available for the State.

. The Court added in its order,

" This must be ensured by tomorrow so that the emergency that the officials speak, of the reserve supplies running out by Saturday, does not happen. "

. The issue was raised today during the hearing in the suo motu case registered to monitor COVID-19 management in Tamil Nadu and Puducherry.

. The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was informed today by the State's Health Secretary that the daily amount of oxygen required in the State is now about 450 MT. However, the Centre's allocation for Tamil Nadu last week was only about 250 MT, submitted Health Secretary Dr J Radhakrishnan.

. This, despite a May 2 meeting with representatives of the States of Andhra Pradesh, Telangana and the Central government, in addition to manufacturers, wherein it was agreed that Tamil Nadu would be allocated about 475 MT per day. An allocation order issued subsequently did not reflect this revised allotment, the Court was told. The Health Secretary added that Tamil Nadu was on the verge of running out of oxygen supply.

" We are now managing with cylinders we had kept as reserves. But we will run out by...tomorrow. The plan agreed mutually between GOI and other States should be published, " the State Health Secretary submitted.

. Senior Advocate P Wilson reiterated concerns raised yesterday that the five southern states had agreed that Tamil Nadu be allocated about 510 MT oxygen per day. This was also not implemented, the Court was told.

. Additional Solicitor General R Sankaranarayanan today confirmed that the May 2 meeting had taken place. Before the hearing closed for the day, the ASG also informed the Court that the has asked Sanjay Roy, Director of the Union Department of Health and Family Welfare, to immediately act on the issue without waiting for the Court's order.

. The hearing saw Chief Justice Banerjee direct the concerned authorities to do whatever is required to ensure that the State's oxygen needs are taken care of.

".. .we read that Sterlite is not (going to produce Oxygen)...until after a week... (critical patients) cannot survive minutes without oxygen. Please take care of it. .. Please do whatever is within your power to see that somehow oxygen supply is augmented... It is critical and requires the attention of the highest officers so that lives are not lost for want of oxygen, " the Chief Justice told the ASG.

. In the order passed today, the Court went on to observe:

"... no directions may be issued but only an appeal may be made so that there is somewhat of an equitable distribution of available resources. No court of a State or a State can demand all the facilities to exclusion of others but there has to be an equitable distribution depending on production capacity in the particular State and the position should not be altered to the detriment of a particular State since Tamil Nadu has a production capacity of 400 MT per day. That with some additional supply may suffice for its need."

. On a related note, the Court also asked the State and the Central governments to examine whether oxygen plants can be set up in large cities like Chennai, Madurai and Coimbatore, akin to how the Defence Research and Development Organisation (DRDO) had set up such plants on short notice and at affordable costs in some hospitals.

. As far as Puducherry is concerned, the Court was informed that there is no oxygen shortage as of now in the Union Territory since it has three plants producing over 80 MT of oxygen per day while its daily requirement remains 20 MT.

. Other highlights of the hearing today . 1. Remdesivir: The ASG today informed the Court that there is likely to be an increase in the production of the drug Remdesivir by next week. The Tamil Nadu government informed the Court that it may set up more counters for the sale of Remdesivir in the next few days, in addtion to the counter already set up at Kilpauk. Through the Kilpauk centre, about 24,000 vials of Remdesivir have been provided so far to patients and private hospitals on the production of appropriate documents, the Court was told. The Court also took note that action is being taken against those indulging in black marketing. The Bench has emphasised that a strict vigil must be maintained.

. 2. Clearance of foreign aid by customs authorities: In response to a concern aired yesterday by the Court, the ASG submitted that the customs authorities are ensuring that any COVID-19 aid coming in from foreign countries is cleared with 45 minutes to an hour's time . Appearing for the Customs Department, Senior Standing Counsel R Hemalatha also informed the Court that a task force is in place to ensure that such aid is speedily released and that a report has been filed on the issue.

. 4. COVID-19 vaccinations : For the ongoing vaccination of the 18-45 years age group, Tamil Nadu was allocated 10.3 lakh vials of the vaccine by the Central government. Orders have been placed for the same with two vendors and payment has also been made on May 4, the Court was told. The Court has ordered,

" The Centre and the vendors are requested to ensure prompt supply so that preventive measures can be taken at the earliest to stop proliferation of cases and possible third wave talked of."

Towards the end of the hearing, the Court was also urged to issue directions to consider the reopening of a vaccination unit in Chengalpettu. The ASG has submitted that tenders have been floated with respect to the same and that a decision may be taken by next week.

. 5. Availability of hospital beds: The Court was told that Tamil Nadu and Puduchery are doing well. However, in Tamil Nadu, 95% of the beds having oxygen supply remain occupied and roughly 70% of other designated beds are available, but these do not have oxygen supply. Two counsel appearing for Puducherry residents disputed the government's stance in so far as the situation in Puducherry was concerned. One petitioner argued that the availability of beds is not reflected on the website. The Court has expressed hope that such information is made available online. The Court also took note that several COVID-19 measures reported by Puducherry are only in the proposal stage and yet to be implemented. The Court has expressed hope that these measures would be implemented in the next few days, when the situation is expected to turn critical.

. 6. Death of patients in Chengalpettu : The Court was informed by the Health Secretary that an inquiry has been ordered into the deaths of thirteen patients yesterday at a Chengalpettu hospital due to oxygen disruption. The Court was told that it was a management failure. The Bench has decided to wait for the report on the matter.

. 7. Won't impose more directions to confuse the officials at this stage : Whereas further prayers were made by individual petitioners, inter alia , for the use of Siddha as an immunity booster and for a lockdown in Tamil Nadu, the Court said that it won't impose further directions of beleaguered State officials at this stage or add to the confusion. The Court said that useful suggestions can be adopted by the State.

. The Court concluded its order stating,

"It is hoped that all stakeholders would put their heads together to ensure the proper supply of the facilities and amenities, particularly oxygen at the earliest."

. The matter will be heard next on May 12.

. [Read the Order]

. Read a live account of the hearing:

[COVID-19] Madras High Court directs Centre to take immediate steps to prevent oxygen reserves in Tamil Nadu from running out

Meera Emmanuel

Related Stories