Apex Court Constitutes National Task Force for Monitoring Oxygen Allocation to States And UTS

(Judicial Quest News Network)

The Apex Court has formulated a national task Force comprising of 12 members for scientific allocation of Liquid oxygen to all the States and Union territories in order to deal with the dearth of oxygen supply amid the second Covid wave.

A bench of Justices DY Chandrachud & MR Shah noted that a consensus had emerged that there was a need to ensure allotments of medical oxygen to the States and Union Territories on Scientific, rational and equitable basis, upon submission adverted to at the behest of the Solicitor General of India.

The Solicitor General informed the Court that the Union Government has responded favourably to the suggestion and in fact, his submissions, which have been adverted to earlier, record this specifically. It is necessary that an effective and transparent mechanism is set up within the Union Government for the purpose of allocating medical oxygen to all States and UTs for being used during the COVID-19 pandemic. The Union Government has agreed to set up a National 17 Task Force5 to streamline the process.

The Court constituted the task force after noting deficiencies in the Centre’s formula for oxygen allocation, which is based on hospital-beds in a state.

The National Task Force will specifically address issues relating to streamlining of oxygen allocation to different states .and review and suggest measures to ensure availability of essential drugs and medicines.

The NTS has medical experts and Doctors from across the country as its members, will have the cabinet Secretary to the Union Governments its convenor, the Court ordered.

This Task Force would be tasked inter alia with formulating a methodology for the scientific allocation of oxygen to the States and UTs. The Union Government has made its suggestions on the possible names for inclusion in the composition of the Task Force, while leaving its final composition to the Court. The National Task Force which is being constituted in pursuance of the above suggestion shall consist of the following members (names being set out in alphabetical order).

• Dr Bhabatosh Biswas, Former Vice Chancellor, West Bengal University of Health Sciences, Kolkata;
  • (ii) Dr Devender Singh Rana, Chairperson, Board of Management, Sir Ganga Ram Hospital, Delhi;
  • (iii) Dr Devi Prasad Shetty, Chairperson and Executive Director, Narayana Healthcare, Bengaluru;
  • (iv) Dr Gagandeep Kang, Professor, Christian Medical College, Vellore, Tamil Nadu;
  • (v) Dr JV Peter, Director, Christian Medical College, Vellore, Tamil Nadu;
  • (vi) Dr Naresh Trehan, Chairperson and Managing Director, Medanta Hospital and Heart Institute, Gurugram;
  • (vii) Dr Rahul Pandit, Director, Critical Care Medicine and ICU, Fortis Hospital, Mulund (Mumbai, Maharashtra) and Kalyan (Maharashtra);
  • (viii) Dr Saumitra Rawat, Chairman & Head, Department of Surgical Gastroenterology and Liver Transplant, Sir Ganga Ram Hospital, Delhi; 5 “Task Force” 18
  • (ix) Dr Shiv Kumar Sarin, Senior Professor and Head of Department of Hepatology, Director, Institute of Liver and Biliary Science (ILBS), Delhi;
  • (x) Dr Zarir F Udwadia, Consultant Chest Physician, Hinduja Hospital, Breach Candy Hospital and Parsee General Hospital, Mumbai;
  • (xi) Secretary, Ministry of Health and Family Welfare, Government of India (ex officio member); and
  • (xii) The Convenor of the National Task Force, who shall also be a member, will be the Cabinet Secretary to the Union Government. The Cabinet Secretary may nominate an officer not below the rank of Additional Secretary to depute for him, when necessary.

Explaining the rational behind setting up the NTF, the Court said that the establishment of such a task Force will enable the decision makers to have inputs which go beyond finding ad-hoc solutions to present problems.

The likely future course of the pandemic must be taken into contemplation at the present time. This will ensure that projected future requirements can be scientifically mapped in the present and may be modulated in the light of experiences gained.

Estimating projected needs is crucial to ensure that the country remains prepared to meet future eventualities, which will cause a demand for oxygen, medicines, infrastructure, manpower and logistics.

The establishment of the Task Force will provide the Union Government with inputs and strategies for meeting the challenges of the pandemic on a transparent and professional basis, in the present and in future. Bearing this in mind, we presently frame the following terms of reference for the Task Force. These terms can be modulated subsequently, as and when the need arises.

The Court further said in its order that The Task Force is at liberty to draw upon the human resources of the Union Government for consultation and information, including the following:

• A member of Niti Aayog to be nominated by the Vice-Chairperson;
• (ii) Secretary, Ministry of Human Affairs; (iii)
•  Secretary, Department for Promotion of Industry and Internal Trade; (iv)
•  Secretary, Ministry of Road Transport and Highways; (v)
• Director, All India Institute of Medical Sciences, New Delhi; (vi)
• Director General, Indian Council of Medical Research, New Delhi; (vii) Director General of Health Services; and (viii)
•  Director General, National Informatics Centre; and (ix)
•  
•  Head, Centre for Development of Advanced Computing (C-DAC).

The concerned Secretaries shall be at liberty to nominate officers of the rank of Additional/Joint Secretary to depute for them. The Task Force is at liberty to formulate its modalities and procedure for working

As per the directions of the Court

 The terms of reference of the National Task Force shall be to:

• Assess and make recommendations for the entire country based on the need for, availability and distribution of medical oxygen;
• Formulate and devise the methodology for the allocation of medical oxygen to the States and UTs on a scientific, rational and equitable basis; 21
• Make recommendations on augmenting the available supplies of oxygen based on present and projected demands likely during the pandemic;
• Make recommendations for the periodical review and revision of allocations based on the stage and impact of the pandemic;
• Facilitate audits by sub-groups within each State and UT inter alia for determining: (a) whether the supplies allocated by the Union Government reach the concerned State/UT; (b) the efficacy of the distribution networks in distributing supplies meant for hospitals, health care institutions and others; (c) whether the available stocks are being distributed on the basis of an effective, transparent and professional mechanism; and (d) accountability in regard to the utilisation of the supplies of oxygen allocated to each State/UT;
• Review and suggest measures necessary for ensuring the availability of essential drugs and medicines;
• Plan and adopt remedial measures for ensuring preparedness to meet present and future emergencies which may arise during the pandemic;
• Facilitate the use of technology to ensure that the available manpower is optimised for implementing innovative solutions particularly in order to provide an outreach of expert medical care to rural areas;
• Suggest measures to augment the availability of trained doctors, nurses and para-medical staff including by the creation of suitable incentives; 22
• Promote evidence based research to enhance effective responses to the pandemic;
• Facilitate the sharing of best practices across the nation to promote knowledge about the management of the pandemic and treatment of cases; and
• Generally, to make recommendations in regard to other issues of pressing national concern to find effective responses to the pandemic.

[Read Order]