Declare Black Fungus As An Epidemic, Formulate Robust And Comprehensive Measures To Flatten The Curve, Plea Filed In Allahabad High Court
(Judicial Quest News Network)
In the backdrop of the increasing cases of unprecedented Mucormycosis cases in UP a PIL has been filed in Allahabad High Court seeking an urgent intervention of the court to declare it an Epidemic in the state, and to put judicial machinery in motion with respect to the current situation.
The Application is filed to seek the judicial redress for public welfare to put the judicial machinery in motion with respect to the current situation due to the outbreak of Mucor mycosis.
The Applicants further submitted that the directions should be issued to make it mandatory for all medical facilities to report all suspected and confirmed cases to Health department through the Medical District level Chief Medical Officer and to integrate disease Surveillance system.
The applicants submits that the source of information of the facts pleaded in the present scenario of lockdown are various news articles, media reporting, various statistics published by the Government and its instrumentalities and the Research made by some scientists around the world regarding the nature of this infection namely Mucormycosis or black fungus.
It is further submitted that till date no specific guidelines have been issued by the Government of U.P and its instrumentalities in order to combat the spread of this new infection.
The Applicants have clarified that their intention is not to create any kind of friction in the working of the government’s machinery but the spread of this new infection strain has created a state of fear and panic in general public calls for appropriate and robust measures to be formulated the earliest along with spreading public awareness.
The Applicants have further mentioned that Black Fungus disease is a side effect among COVID-19 patients who are put on oxygen support through liquid medical oxygen concentrators.
It is further more submitted that in the recent past Rajasthan Government declared Mocormycosis as Epidemic under the Rajasthan Epidemic Act, 2020.After 100 cases were reported, the applicants have brought to notice that even UP has reported cases from several cities.
In the state of UP several cases are being reported on daily basis and according to reliable sources Lucknow only has reported 45 cases on 19-5-2021 which is a matter of grave concern for both administration as well as public.
It is also mentioned the application that an IAS officer Mr. Lav Agarwal who happens to be the joint secretary of National Health Mission has written on 19-5-2021 to the Government of India whereby he appraised tor Government about the severity and his fervor about increasing number of patients being infected by Black Fungus.
The Indian Council of Medical research institute has also issued an advisory for Screening, Diagnosis and management of Mucormycotic.
The State of Telangana has also issued a circular dated 15-5-221 on the basis of advisory issued by ICMR regarding urgent precautionary measures to prevent black fungus during COVID-19.
The Applicant also says that according to a news report dated 17-5-2021, ICMR has dropped plasma therapy from clinical management guidelines from COVID-19 has to be altered with an immediate effect and the government of U.P has to issue some guide lines to that effect
While pointing out that management of black fungus patients is a team effort requiring several specialists, the applicant has said that dedicated hospitals having such teams not to be identified in each district for treatment. Practice and make them followed in U.P considering both the cases of black and white fungus.
The applicant sought judicial intervention in form of formulation of a committee of experts comprising of doctors from different administrative officers who can formulate guidelines for standard treatments
The plea has been file by Advocates Ishan Giri,Vipul Shukla,Namman Rajavanshi and Mr. Siddharth Jain.
