COVID-19: Telangana High Court Seeks A Detailed Strategy from Government for Dealing With 3rd Wave of Pandemic; Records Satisfaction Over the Lockdown Implementation by Police

(Judicial Quest News Network)

Telangana High Court on Monday asked the state government to ensure that the directions issued by the court with respect to COVID-19issues in the State are complied with scrupulously.

A division bench comprising of Chief Justice Hima Kohli and Justice B.Vijaysen Reddy observed that the constant insistence of the court to enhance the number of tests, particularly RT-PCR test.has fallen to deaf ears.

The Coust has also issued notice to the National Pharmaceutical Pricing Authority (NPPA)which is responsible for fixinf the ceiling prices on non-scheduled drugs, some of whichare beingused for treatment of COVID-19.

The Court has also expressed displeasure over the sudden plunge in the RT-PCR testing and said in its earlier order court had asked the government to enhance the COVID-Testing to at least 1 lakh samples per day, but the number had plunged to 50,000/day.

We may note that this court has been persistently harping about

enhancing the number of tests, particularly through RTPCR and scaling up the testing to one lakh, but this seems to be falling on deaf ears.

While the samples tested on 01.05,2021 were 76,330, the same have dwindled to 57,416 as on 14.05,202L It has not even been stated in the affidavit as to how many tests were conducted in the above duration through RTPCR, for this court to assess the exact status.

Henceforth it is directed that the State shall furnish a breakup of the samples tested while collating the data to be filed with the affidavits. Testing must be ramped up to get the correct data of the spread of infection. It is but natural that the positivity rate will go down if the testing is reduced.

The misleading data on bed availability

The affidavit states in paragraph 7 that the data on the bed status is

available on the web portal of the Government and the same is refreshed

every l5 minutes. The said averment is vehemently disputed by Mr. L. Ravi Chander, Iearned Senior Advocate who submits that the real time data furnished on the *eb portal of the State is grossly misleading inasmuch as 390 hospitals on the list have clearly stated that they do not treat COVID patients which translates into over 5000 beds that ought to be excluded right aual’ from the data furnished on the web portal of the State.

We have received an e-mail from Dr. Vrijilesh Rai stating inler olia that

the State Government has been issuing COVID-I9 treatment kits to the public which also contains Methylprednisolone tablets, which are steroids and not supposed to be taken except under medical supervision and prescription. It is stated by Ms. Vasudha Nagaraj, learned Advocate that one of the results of unregulated consumption of steroids is the fungal infection, called Mucor mycosis that is spreading rampantly in the State of Telangana.

The Court also observed that in June 2020, a GO was released capping the rate to certain COVID-19 treatment in the state.

The court noted that those directions were outdated and new orders need to be released.

in the second wave of the COVID-I9 infection, the method of diagnosis and treatment have drastically changed and it no longer makes any

sense to exclude PPE kits, CT Scans and several critical blood tests necessary for investigation and treatment of COVID-I9 infection, from capping of prices.

The State Government is directed to issue a fresh Government Order is clear that out of 33 Districts, more than 20000 samples have been tested by at the earliest, preferably by 22.05.2021, revising the charges for routine ward, oxygen beds, ICU beds, ventilator beds, ambulance charges etc., in private hospitals/Nursing Homes in consultation with the Telangana Super Specialty Hospital Association. The previous Government Orders shall also

be revised within the same timeline to include capping of prices of PPE kits, CT scans and COVID related blood tests.

It was also brought to the notice of the Court that several children have been orphaned after the deaths of their parents due to COVID-19. Observing that there is a risk of illegal adoptions and child trafficking. The court noted that the matter needed to be addressed on priority.

Ms. Poojitha Gorantla, learned Advocate has drawn our attention to

several press clippings where it has been highlighted that several children have been orphaned in the second wave of the COVID infection.

They have Lost their parents leaving them unattended and helpless and illegal online adoptions are being resorted to. She submits that the aforesaid issue needs to be addressed on priority, as it may lead to child trafficking. The Department of Women and Child Welfare, State of Telangana, shall file an affidavit regarding the steps taken in this regard to protect such children rose.

parents have succumbed to the COVID-I9 infection and been orphaned and

the manner in which they are being looked after and rehabilitated.

Further, it has been reported that several school teachers and other

Government staff who were tasked with conducting the elections in the State recently, are suffering from COVID-I9 infection and about 15 teachers have already succumbed to the infection. The State is directed to take immediate steps to ensure that those Government servants who were assigned poll duties and have got infected with COVID-19 infection, are given immediate medical treatment. They shall be accorded the status of COVID warriors and given all the benefits at par with COVID warriors in this State.

The matter was posted to June I and the Chief Justice also asked the state’s advocate general to come prepared with all the details. As directed by the court, and also asked him to get his house in order by the next hearing.

The State is directed to respond to each of the said aspects in the next affidavit.

(1) Establishment of 14 new laboratories by the middle of l4ay,202l.

all the benefits at par with COVID warriors in this State.

23.04.2021:

(2) Constitution of an Advisory Committee under Section l7 of the Disaster

Management Act.

(3) Creation of a nehvork in collaboration rvith NGOs and other

Institutions rvilling to contribute financialll’ and/or with manpotve r to meet

the needs of those living below poverty line, the destitute and the poor.

(4) Review the decision to treat COVID patients only in COVID-I9

designated hospitals and to make the public aware of the designated hospitals

and Covid Care Centres.

(5) Shifting migrant labour into night shelters, wherever required,

(1) Ramping up testing through RTPCR.

(2) Creation of another toll-free number or identify one of the existing tolls

free numbers for calling for a hearse u ith ease.

(3) Maintenance of a display Board and uploading of information

regarding the number of bodies cremated/buried on a dailv basis, in each

cremation ground/burial ground.

(1) Details of the facilities available in COVID Care Centres established in

each District,

(5) Oxygen audit by a Nodal Officer appointed by the State Government.

(1) Increasing the number of samples to be tested to one lakh per day.

(2\ Ample publicity to the toll-free number (040-2lllllll) to public and

establishing similar call centres in all the Districts within one week.

(3) Issuance of a rate chart for critical medical facilities to be implemented

uniformly for all private hospitals in the State.

(4) Filing the minutes of the meeting of the Advisory Committee

constituted under the Disaster Management Act.

27.04.2021:

05.05.202 r :

(5) Furnish details of the number of bodies cremated/buried on a daily

basis for the period from 01.05.2021 to I0.05.2021. This information must be updated further