Covid-19 Impending Third Wave-Appoint Councillor’s/PROs at Every Hospital, Contact Details of Nodal Officers Be Published/Displayed at Prominent Places Petitioner’s Lawyers Suggests in Bombay High Court.
(Judicial Quest News Network)
In a COVID-19 PIL that has been submitted in Bombay High Court Advocate Rajesh Inamdar representing the petitioner Nilesh Navlakha has submitted his suggestions regarding COVID management in Maharashtra, given the expected arrival of third wave.
The petition is filed by Advocate Pankaj Khandhari.
The suggestions include that the order of the Bombay High Court be uploaded on Government websites for easy access to public, minimizing overcrowding by restricting public events, banning or restricting traditional ways of campaigning in local body polls and identifying families in need of assistance with food grains.
The Bench of the Justice Dipankar Dutta and Justice GS Kulkarni is scheduled to hear a clutch of PILs on COVID-19 management in the state.
The Bench will take up the suggestions filed through Advocate Tomorrow.
He has submitted ten-point suggestions after a through study of the apprehensions expressed by Government, scientists and experts.
According to the top scientists of the world as well as the experts, a third wave even deadlier and more terrifying than the second one, is “inevitable” in India.
Referring to the All-India Medical Science (AIIMS)director Randeep Guleria third wave of Corona Virus disease (COVID-19) could strike the country in next six to eight weeks. During the First and Second wave, it is/was noticed that citizens, especially in cases of emergency, have been running from pillar to post for redressal of basic grievances.
The situation has arisen as a result of inadequate publicity by the State Government regarding the jurisdictional/ward officers appointed for quick and immediate resolution of the problems of citizens.
People are finding it difficult to contact their respective jurisdictional/ward officers such as health officers, Nodal officers, etc. As a consequence, citizens are left in the lurch leading to widespread frustration and helplessness.
The Suggestions made by the Lawyer states that the situation had gone out of control in the first two waves of the COVID due to the inadequate publicity of the State Government regarding the jurisdictional/ward officers appointed for quick and immediate resolution of the problems of the citizens.
ORDERS OF THIS HON’BLE COURT TO BE UPLOADED ON THE GOVERNMENTS WEBSITE FOR EASY ACCESS TO PUBLIC.
Therefore, it is suggested that the orders passed by Hon’ble Courts pertaining to Covid – 19 or any other public cause maybe uploaded on the official website of District Collectors, Municipal Corporations, Zilla Parishads etc so that the public at large can have easy access to such orders and implementation of the orders passed by the Courts, by the authorities concerned will be effective.
The orders may also be translated in Marathi language so that a larger population (non-English speaking) will be well aware about the judicial orders and directions issued by the Hon’ble High Court in matters pertaining to the larger public interest and the said orders be also given wide publicity.
It is further suggested that there must be a mechanism to take back unused medicines from patients
II.MECHANISM TO TAKE BACK UNUSED ESSENTIAL MEDICINES FROM THE PATIENTS.
The State Food and Drug Control Administration (FDCA) and the State may consider issuing directives to the Hospitals, Nodal officers, and the pharmacies to take back the unused essential medicines from such patients or families who were prescribed lifesaving drugs but were unutilized for some or another reason, the said medicines can be of use for other needy patients amid shortage of Covid medicine.
There are cases wherein the patient succumbed to Covid or recovered and the family had unused medicine prescribed to the patient with valid bills, such families could not return the said medicines either to the pharmacy, pharmacy or to the Nodal officers in the absence of any such directives or policies of the FDA.
It is submitted that such unused medicines are wasted despite facing a shortage of medicines. Further, the money returned from the unused medicines can be of use for the families since the said medicines are costly. If the batch number or the expiry date is intact from cut strips there must be provision for accepting the unused medicines, so that the scarcity of such medicines can be adverted to up to the certain extent.
III. RESTRICTING PUBLIC EVENTS BY PUBLIC FIGURES/POLITICIANS TO MINIMIZE OVERCROWDING AND ISSUE SEPARATE GUIDELINES.
It is pertinent to bring to attention of this Hon’ble Court the immediate instances of mass crowd gathering during the lockdown and during the current unlock phase. That various political parties started organizing public functions/events/funerals which resulted in congregation of large number of people. In one of the inauguration events held in Pune on 19.06.20215 witnessed massive crowd amid Covid-196 pandemic, there was no social distancing maintained and a several people were not even wearing masks. Although the organizer of the event has been booked by the police under IPC and Disaster Management Act, however arrest of persons wills not the damage control and
similar other such events were organized in different places by political parties. Similarly, the funeral of a politician was attended by over 20,000/- people including several politicians during the lockdown, a Politian in Pune hosted pre-wedding ceremony of her daughter attended by several people flouting the guidelines are some glaring examples of scant regards shown by the Politicians, public personalities and the State to the Covid-19 guidelines and protocols There is no gainsaying that Mass gathering (MG) events pose considerable public health challenges to health authorities and governments and a congregation of people in religious, political, and sports events to name a few have been the source of infectious diseases that have spread globally. Considering the present situation as well as the unavoidable “Third Wave” which is expected in coming months, certain restrictions and guidelines are being required with immediate effect to minimize the disaster and irreparable loss which will be caused by “Third Wave” of pandemic.
Though the Central and State governments have clearly stated that not more than 50 people should attend a marriage and not more than 20 people should attend a funeral. It was witnessed that despite the directions the political leaders continued to attend public programs, be it marriages, funerals or inaugural ceremonies that too with scores of their followers, flouting all norms. Even the officials concerned, who were strict with lockdown norms with common men, however, continued to turn a blind eye to political leaders. If the political leaders or public figures attend the public events then party cadre and public would throng the event in large numbers and such events will then become the super spreader events which will not be good for the State since Maharashtra has always been the Centre of Covid-19 with the highest number of cases. The Aurangabad bench of this Hon’ble Court has taken exception to a minister attending the public event during pandemic more particularly during the lockdown and directed that no leader or minister should conduct physical ceremonies or functions. The State ought not to become complacent with lockdown restrictions eased and number of Covid cases gone down and it is imperative that all the public events more particularly political rallies, political functions, religious and sports congregation be restricted and be conducted on virtually as far as possible which will help in avoiding overcrowding and flouting of social distancing norms. In this
regard, the WHO has issued interim guidelines on 14.02.2020 “Key planning recommendations for Mass Gatherings in the context of the current COVID-19 outbreak” and World Health Assembly’s endorsement on Dec 22, 2011, of the 130th Executive Board Decision “Global mass gatherings:
IV LOCAL BODY POLLS
The Maharashtra State Election Commission has announced that districts Nagpur, Dhulia, Nandurbar, Washim and Akola will go for local body polls on 19.07.2021 and counting on 20.07.2021.8 It may be pertinent to quote the German philosopher Georg Hegel famously said, “The only thing that we learn from history is that we learn nothing from history”. The recently held assembly elections of five states Assam, Kerala, Puducherry, Tamil Nadu and West Bengal is considered to be one of the reasons for surge in covid cases contributing to the devastating Second Wave which was also termed as Covid Tsunami. The State of UP which held panchayat elections recently reported over 1621 teachers and support staff to have died from COVID-19 following poll duty and the elections have become super spreader events.
V. IDENTIFY FAMILIES WHO NEED ASSISTANCE IN FORM OF FOOD GRAINS, OTHER MATERIALS IN SLUM AREAS OR OTHER VULNERABLE SECTIONS DUE TO COVID UNDER FOOD SECURITY ACT
The first wave of pandemic citizens of the country have been suffering through traumas and severe distress, unplanned lockdowns and deaths of their beloved one’s have put such an impact to their livelihood is unthinkable, there are uncontainable stories that have come into notice of the undersigned.
Since last year’s April 2020, till this year June 2021, the lower Strata of the Society have suffered immensely due to job loss, the migrant workers in urban city who used to work as maids, rag pickers, auto-rickshaw pullers, daily wage workers and many others who were on skill-based jobs had to see the worst-case scenarios of their life.
From asking for food from the privileged class to trying to get loans on mortgage people just wanted to ensure the hand to mouth situation gets settled.
The undersigned is in contact and is closely working with several NGO‟s and Social workers who have been helping the people from lower strata’s with food and other basic groceries and medications. Social workers have observed numerous cases since day 1 of the pandemic people have come forward to help other people, there were several requests by under privileged families for dry ration made by their representative of their area of residence, those volunteers then crowd funded the money on social media & provided relief to those families, it happened across the country and majorly in cities like Mumbai and Pune where majority of migrant labour class resides
VI. ORDERS/ DIRECTIONS/ SOP OF THE STATE GOVERNMENT AND ADMINISTRATION /AUTHORITIES BE PUBLISHED IN ENGLISH ALSO.
The orders/directions passed by this Hon‟ble Court and other co-ordinate benches pertaining to Covid or any other Public Interest causes affecting the populace at large are available on the website of Hon‟ble High Court itself, but it is also quite possible that layman may find it difficult to access the website of Hon‟ble High Court and the orders passed by this Hon‟ble benefitting the public at large may not reach the public due to lack of publicity or otherwise. Hence, the orders passed by Hon‟ble Courts pertaining to Covid – 19 or any other public cause maybe uploaded on the official website of District Collectors, Municipal Corporations, Zilla Parishads etc so that the public at large can have easy access to such orders and implementation of the orders passed by the Courts, by the authorities concerned will be effective. The orders may also be translated in Marathi language so that a larger population (non-English speaking) will be well aware about the judicial orders and directions issued by the Hon‟ble High Court in matters pertaining to the larger public interest and the said orders be also given wide publicity.
VIII.APPOINTMENT OF COUNSELOR’S/PROS AT EVERY HOSPITAL’S
Appoint counsellor/PRO/Social Workers at every hospital to help the patients/persons in need by co-coordinating with different departments like PMC, Police, Labs, referring hospitals etc so as to circumvent the notion of uncertainty, chaos, stress and agony.
IX. WIDE PUBLICITY OF NUMBERS/CONTACT DETAILS OF NODAL OFFICERS
Giving wide publicity regarding district wise nodal authorities/ward officers including health officials and their contact information.
This ought to have been done to ensure that these officers meant for grievance redressal are accessible to each and every citizen in all districts of the State. The numbers of the Nodal officers be published/displayed at prominent places in the hospitals as well as the websites/portals.
State Government to give wide publicity to the various methods provided for grievance redressal mechanism.
The exercise must be undertaken in the manner and through such medium that would ensure that the information is accessible to every citizen. The object is that large number of citizens can take benefit of this.
xxviii. State is duty bound to cause the least possible inconvenience to the citizens and the publication of basic information such as officers-in-charge of administration
in the district/local area in Marathi and English language will go a long away in achieving the said objective.
The State create kiosk or help desks at prominent places or near to the police stations/chowkis, chowks etc so that people specially from the rural areas do not find it difficult to get immediate medical help from the State during critical times. The aforesaid information may also be circulated by way of SMS, hoardings, advertisement on cable network as far as Cities are concerned and the in Rural areas the aforesaid information be apart from the above also be circulated through the Zilla panchayat offices and through beat of drums and announcements.
In urban areas although such information.
X.USE OF EMAIL AND SOCIAL MEDIA PLATFORM FOR REDRESSAL OF MINOR GRIEVANCES
The Government authorities/departments may endeavour to use email and social media platforms such as Facebook, WhatsApp and twitter to a larger extent to provide service, resolve minor grievances and/or queries of the citizens which will not only prevent the departments/authorities from overcrowding but will also support the Government in utilizing its manpower in productive work. That every department must develop a proper e-grievance cell/mechanism to resolve at least minor disputes/grievances of people with the help of technology. The fully operational and functional email ids/WhatsApp numbers and social media
handles of each department may be created and published for benefit of public at large.
The undersigned would like to appreciate the sacrifice of all the doctors and frontline warriors who have sacrificed their lives and succumbed to COVID 19 in the line of duty. Over 730 doctor’s some as young as 27 years, 116 nurses and 199 healthcare workers have died due to COVID-19. As per the list published by the Indian Medical Association the State of Maharashtra has lost about 23 doctors, similarly over 100 police personnel’s have succumbed to Covid-1914 including several journalists and other frontline workers and the State may in its own discretion and wisdom consider aptly compensating their sacrifices and recognize their sacrifices.
