Don’t politicise COVID-19, create a sense of cooperation, understanding; this is a humanitarian crisis, not a political crisis: Gujarat HC
(Judicial Quest News Network)
The Gujarat High Court have observed that in times of crisis, we need to bind, not bicker, the COVID-19 crisis is a humanitarian crisis, not a political crisis.
A division bench of Chief Justice Vikram Nath and Justice JB Pardiwala observed this.
On May 22, the Bench of Justices Pardiwala and Ilesh J Vora had pulled up the state government over the handling of the pandemic and health facilities at the government hospitals, particularly the Ahmedabad Civil Hospital.
The earlier bench had issued slew of directions to the state government to take steps regarding health and medical facilities, migrant workers, as well as prisoners.
The Court made observations against politicizing the issues and said that in times of crisis “we need to bind not biker”
The Court Said That: “Disease is a natural catastrophe that fells its victims unpredictably. The right to adequate health care flows from the sanctity of human life and the dignity that belongs to all persons. Health is a fundamental human right, which has as its prerequisites social justice and equality. It should be accessible to all.”
As regards to the role of the Health care as well as Civil Hospitals the court dais that“It is brought to our notice that the Health Department is unable to withstand the pressure and in such circumstances, they may start restricting the admission of the COVID19 patients in the Civil Hospital. We are sure that the State Government will never do this. We want the Civil Hospital to function at its full strength. Not a single bed should be kept vacant. If the Health Department is not able to withstand the pressure, then it should immediately make necessary arrangements to increase the strength of the doctors, nursing staff, etc. We sound a note of caution in this regard, more particularly, to the Principal Secretary of the Health Department that in future, if we come to know that deliberately, the admission in the Civil Hospital is restricted with a view to cope up with the pressure of work, and then we may have to take appropriate action in this regard.”
The Court has expressed anguish about the unnecessary debates and Comments that are going on as on date on the social media and other platforms.
“We have gathered animpression that our orders passed time to time in the larger interest ofthe public are being misused for some oblique motive. In our opinion,the Public Interest Litigation is meant for the benefit of the lost andlonely and it is meant for the benefit of those whose social backwardnessis the reason for no access to the Court. We also say that the PILs are notmeant to advance the political gain and also to seek any politicalmileage. The Public Interest Litigation should never be made a political battle. “
The present Bench observed that the Court’s previous orders were becoming the subject of debate and adverse comments against the government on social media and other plat forms.
The people all face a common threat right now and simply highlighting the gaps in the efforts made by the government may further put fear in the minds of the citizenry, the Court observed, in such time the people expect to see their leaders coming together in collaboration in a united fight against the pandemic.
On Private Hospitals
The Court was informed of the various Hospitals and Private hospitals associations that have agreed to reduce the rate and feees by specified ratio and directed the state government to enter into written agreements with these hospitals.
While mentioning about the testing policy the Court said that.
“1. COVID19 testing (RTPCR) SHOULD NOT BE DONE for : a. Asymptomatic individuals b. Contacts of a COVID19 case who remain asymptomatic c. Asymptomatic contacts of contacts i.e. family of those following quarantine recs. d. Those who were previously diagnosed and want to know if it was C19 e. Community survey with COVID19 RTPCR should not be done. Instead appropriate seroprevalence studies may be carried out as and when they are available. 2. COVID19 testing SHOULD BE DONE for : a. All the symptomatic patients with clinical suspicion of COVID19 by a treating consultant. b. Every symptomatic health care worker should be tested on recommendation of a consultant. c. Preoperative testing for patients undergoing surgery or any other instrumentation can be done as per the discretion of a treating consultant. d. Emergency and lifesaving procedures may be carried out without waiting for COVID19 testing in the best interest of patients. e. Patients receiving cancer chemo therapy, radio therapy and planned haemodialysis should undergo testing. f. All the pregnant women admitted in the hospitals located in containment area for delivery should be tested in the best interest of new born.”
The Court also said that “We would like to modify our earlier condition with regard to predeposit to a certain extent. We are inclined to do so in light of the difficulties pointed out by the Association in this regard. We make it clear that if any patient is referred by the Civil Hospital or the S.V.P. Hospital to any private / corporate hospital, then there shall be no predeposit, but, if any patient directly comes to the private / corporate hospital for being treated for COVID19, then in such circumstances, it shall be open for the concerned hospital to demand for a reasonable predeposit and thereafter, raise the demand in phases as and when need arises. It should not happen that because of the financial constraint, the patient remains without any adequate medical treatment. If such a thing occurs, then that would be the worst scenario. As we said the medical fraternity in these times of crisis is expected to rise to the occasion. Medicine is a humanitarian profession. The hospitals and other health care facilities play a critical role in national and legal response to the emergencies such as the one we are facing today. We have observed in our order dated 22nd May 2020 that bound by a sense of duty, responsibility and empathy, it is now salient that the private hospitals step in to deliver adequate health care to their people. In times of crisis when people are dying, the Association should not think of even making profit of one rupee. The private hospitals have the adequate infrastructure and materials and financial resources required to fight this pandemic. All the hospitals whether private or public are considered moral agent and hence have a moral responsibility. The responsibility to act in certain ways falls upon those who may make up these hospitals. We may only say that the Creator is watching us. The good deeds performed today in these critical times will never go unnoticed at the end by the ALMIGHTY.
[Read Judgement]
