Prime Minister also appealed to report accurate COVID-19 figures; would aid in allocation of drugs, oxygen, vaccines: Madras High Court to TN

In view of submissions that the number of COVID-19 cases was being under reported in Tamil Nadu, the Madras High Court on Monday made pertinent observations on why it is crucial to report accurate figures..The Court pointed out that accurate COVID-19 data is required for the optimal distribution of resources such as oxygen, life-saving drugs and vaccines. ."Even the Prime Minister has made an appeal that there should be accurate reporting of a number of cases. That not only helps in getting adequate oxygen, drugs but also (aids) studies in future," Chief Justice Sanjib Banerjee orally observed. .The Court added that the newly elected DMK-led government has every incentive to ensure that COVID-19 figures are accurately reported.."No one can blame this particular government for having created this. So this government should be keen on reporting every covid death.. so that allocation is appropriate and for future, it becomes an honest study...This government assumed office over the last 7 days or so. So, no one is going to blame.. it has all the incentive to report the actual number of deaths and be transparent," the Chief Justice observed..The Chief Justice further clarified that he is not saying that the present government's leaders are responsible for any under reporting. However, there may be authorities at the local levels who may have under reported, assuming that it is better to do so..The Court, therefore, recorded the following in its interim order:."It is necessary that accurate numbers are indicated so that allocation of drugs, oxygen and even vaccines can be made based on the true figures. In any event, it is necessary to maintain and furnish accurate records, if only for the case study to appropriately result in a solution for the future. At any rate, the testing rates should not dip to artificially ...low numbers.".In response to the concerns raised, Advocate General R Shanmugasundaram assured the Court that he would check if there is any under rerporting of COVID cases..The issue cropped up before the Bench of Chief Justice Banerjee and Justice Senthilkumar Ramamoorthy during the hearing in the suo motu case registered to monitor COVID-19 management in Tamil Nadu and Puducherry. .An intervention application was filed alleging that the number of COVID-19 cases were being downplayed in Tamil Nadu. .During the course of submissions, advocate Naveen Kumar Murthi also told the Court of a case where the body of a COVID-19 patient was returned while stating that the death was not on account of COVID.."The real numbers have not come," he argued. .Other highlights of Monday's hearing.1. State, Lockdown-exempted industries directed to ensure employee safety: The Court declined to interfere in the Tamil Nadu government's decision to exempt automobile and certain other industries from the COVID-19 lockdown, stating that it is a policy matter. The Court, however, said that all measures should be taken to ensure the well being and safety of employees required to attend the factories/ offices during the lockdown. This would include maintenance of COVID-19 protocol and arrangement of transportation for workers, including contract labourers and trainees. If the State finds COVID protocol is not maintained, immediate and appropriate measures should be taken. The matter will be heard next on May 24 by which time State has to file an affidavit. .2. COVID-19 vaccine in short supply: Additional Solicitor General R Sankaranarayanan informed the Court that vaccine production will likely be increased by 30 percent in a month. Whereas Justice Ramamoorthy expressed concern that the vaccine allocation to Tamil Nadu appears to be low in proportion to the population, the ASG responded that the allocation is based on COVID-19 case numbers as well as the number of eligible people. In its order, the Court recorded that there were certain anomalies in the distribution and the ASG has been requested to look into the basis for the allocation. Further, the Court noted that "unfortunately on the vaccination front, there appears to be a standstill and it is unlikely that a full-fledged vaccination drive can be undertaken before adequate supplies are received."Senior Advocate P Wilson again brought up the suggestion to start vaccine manufacturing activities at a Chengalpettu vaccine centre. The ASG, however, pointed out that the last date to respond to the tender floated for the same is May 21..3. Continue efforts to increase number of beds in Puducherry: Concerns were raised by Advocate R Sreedhar that adequate number of beds were not available in Puducherry proper. The Court also noted that the government's dashboard reflected this position, while the government had asserted earlier that it had increased the number of beds. "Is there any hotline that tells ambulance drivers where to take patients? Why is it not on the website? The public has as much of a right to know as the ambulance driver ...From day 1, your submission is that everything is hunky-dory and petitioners are saying there are no beds," the Chief Justice remarked. Government Pleader N Mala eventually informed the Court that the dashboard now reflects that certain numbers of beds were available. She added that Puducherry's hospitals facilities are also being availed by persons from bordering districts in Tamil Nadu (Villipuram and Cuddalore).All the same, the Court asked the government to continue its efforts to augment the number of beds. "There does appear to be a dearth of beds, oxygenated and ventilator beds in Puducherry proper as even the website reflects the same...Be that as it may, endeavour to augment beds should continue as the increase in the number of cases appears to be heavy though rate of increase has shown a dip," the Court's order stated. .4. Three indigenous alternatives for Tocilizumab: A citizen, Vaishnavi Jayakumar flagged concerns over Tocilizumab distribution and made submissions on difficulties faced in procuring the drug. The Centre informed the Court that India is reliant on imports when it comes to this drug. However, the Drugs Controller General has also pointed to three alternative, domestically produced, drugs that are as effective if not better than Tocilizumab. Submissions on this count were recorded in the Court's interim order as well. .5. On treatment of children who may be affected by COVID-19: Advocate C Kanagraj raised concern over children and babies who may be affected by COVID-19. The Court took note that children need additional care, more so since they may not listen to unknown persons even if they are admitted to hospitals where beds may be available. This is an area which needs to be addressed, the Court said. A plan should be put in place should the pandemic divert its attention to children, the order stated. .6. State left to decide if COVID-19 restrictions should be made stricter, while also being sensitive: The Advocate General informed the Court that since Sunday, strict steps are being taken against persons found loitering in violation of the State-wide lockdown. All the same, the police have been advised not to use force, he added. The Court agreed that sensitivity should be shown, particularly since not all persons may have spacious homes to stay confined in all day. "We must also be aware of ground realities. If you go to areas where fishermen stay, slums... ten people cramped together in one house, can you expect them to stay inside all day? All don't have lawns and bungalows," the Chief Justice observed. The interim order also reflected this, with the government being asked to keep in mind that "not all residents have the luxury of convenient accommodation within the walls of their residence.".7. Oxygen supply should also reach non-COVID patients in need: Vaishnavi Jayakumar also raised concern that there were elderly, non-COVID patients who were finding it difficult to meet their oxygen requirements. In view of the same, the Court emphasised that non-COVID patients should also be able to get oxygen. "Needs and concerns of others should also be kept in mind and addressed without compromising such cases only in the wake of the pandemic... Local authorities should take appropriate measures to ensure continuous supply for such purpose," the Court's order stated. .8. Disposal of the COVID dead: The Court emphasised that the authorities should endeavour to remove the dead from hospitals as soon as possible, in view of concerns that dead bodies are being kept in hospital wards for hours after death, which in turn were demoralizing other patients. The Court acknowledged that the number of deaths may be more than the mortuary facilities available at hospitals. Pertinently, the Court added that if there has been a COVID-19 death, it must be recorded as such. "If there has been a COVID death, even though the overwhelming factor may have been other comorbidities suffered by the patient, protocol has to be maintained so the body is disposed of in accordance with the protocol and the body does not become a source for further infection", the order stated. Moreover, the Court also emphasised that the disposal should be made while according dignity to the dead. "In several cases, there appears to be a lack of dignity in how the dead bodies are treated and all concerned should make every endeavour to accord a level of dignity to the departed at least for the final time," the Court said. .9. On creation of COVID facilities in ESI Hospitals: The ASG pointed out that hospitals under the Employees State Insurance (ESI) scheme were meant for those who contribute to the ESI fund. Of nine hospitals in Tamil Nadu, two ESI hospitals were under the Centre while the rest were under the State. The Court noted that these cannot be converted to COVID-19 hospitals fully since they were meant for those employees covered by ESI. All the same, the Court suggested that additional facilities be created at ESI hospitals to vaccinate COVID-19 patients. "Even though COVID wards may be created in these (ESI) hospitals, the entirety of the hospital cannot be converted to COVID units. However, the ESI dispensaries may be used as vaccination centers as and when the vaccination drive gets into full gear," the Court's order said. .10. Revival of High Powered Committees: The Court ordered revival of the High Powered Committee entitled to release prisoners on interim bail amid the pandemic, in order to ensure that there is no overcrowding in prisons. This is to be done at the instance of the Tamil Nadu and Puducherry Legal Services Authorities .11. Conversion of court buildings as quarantine facilities: The Court made special mention of a judicial officer at Tirunelveli who had succumbed to COVID-19. It also noted that the functioning of subordinate courts in Tamil Nadu and Puducherry has now been restricted only to remand and other unavoidable or urgent cases. "If necessary, court complexes or some building in the court buildings can be converted (to quarantine facilities), subject to cost-benefit analysis and government policy," the Chief Justice observed on Monday. The Chief Justice added that the building adjacent to the High Court complex, which used to house a law college, may also be used for such purpose. .The hearing in these matters will continue next Thursday. .[Read the Order]