Plea Filed in Supreme Court Seeking Compensation for the Patients Died Due to COVID-19 Pandemic, Oxygen Shortage, Ask for a Stringent Action Against Authorities Responsible

(Judicial Quest News Network)

A public Interest litigation (PIL) has been filed in Supreme Court seeking compensation for the families of the deceased died due to COVID-19 pandemic and oxygen shortage in the national Capital in the recent past.

The petitioner submitted that the stricter punishment should be given to those who deliberately violated the COVID-19 protocols.

At the very outset, it is asserted that the present Petition is not adversarial in nature and is in essence a “Social Action Litigation”. During these unprecedented times, this Hon’ble Court has acted as a guardian of the virtues of Human rights and has taken up numerous public-interest issues by way of Suo Moto Writ Petitions, in order to mitigate and obviate the atrocities being faced by the public at large and the present issue in hand falls under the same domain, where thousands of citizens are rendered helpless and financially deprived due to loss of the lives of the earning family members due COVID-19, which is a notified “disaster” as defined u/s 2(d) the Disaster Management Act, 2005.

The petitioner also seeks a direction to Canter and State Governments to provide financial and medical assistance for the treatment of all such patients who contracted COVID-19 while attending the Maha Kumbh Mela organized in April, 2021.

It is further submitted that a “National Plan” be prepared and submit to the Apex Court which not only deals with the prevailing second wave, but also indicates whether any preparations have been put in place for talking a possible third wave of the virus.

The petitioners further submitted that the gross negligence on part of the Respondents herein thereby leading to inhumane deaths of thousands of COVID positive patients due to (i) lack of oxygen, medicines, beds and other healthcare facilities and; (ii) arbitrary and unreasonable grant of permissions for conducting Kumbh Mela, election rallies in various parts of India and other mass public gatherings, despite reasonably foreseeing the fatal consequences of the same.

The Respondents herein have violated the spirit of Article 47 of the Constitution of India while showcasing sheer mis-governance and have failed to discharge their various statutory duties, particularly under the Epidemic Diseases Act, 1897 (hereinafter referred as „ED Act‟) and the Disaster Management Act, 2005 (hereinafter referred as „DM Act‟), while grossly violating the Right to Life and Personal Liberty of thousands of Indian Citizens, guaranteed under Article 21 of the Constitution.

The petition drafted by Advocate Nachiketa Vajpayee and filed by Advocate Sriram Parakkat on behalf of social activist Deepak Raj Singh

The petitioner submits that owing to gross negligence and mis-governance, compensate the families of such COVID-19 patients who lost their lives owing to shortage of oxygen in hospitals across India.

Whether there is need for stringent punishments of deterrent nature for those who (i) hoard and/or sell in black-market any medical items essential for treatment of COVID-19 patients; (ii) without the prior permission of the concerned Hon’ble High Courts, permit and/or organize and/or participate in mass public gatherings of over 100 persons at a given date, place and time and; (iii) do not use face masks or use it improperly outside their residences and/or do not maintain adequate social distancing.

The Respondents have violated the spirit of Article 47 of the Constitution of India, which provides that a State must regard public health as one of its primary duties, in addition to raising the level of nutrition and standard of living of its people.  B. Because The 123rd report of the Committee on “the outbreak of pandemic Covid-19 and its management”, which was presented to the Chairman of Rajya Sabha on November 21, 2020 and forwarded to the Speaker, Lok Sabha four days later, asked the Central Government to encourage adequate production of oxygen for ensuring its supply as per demand in hospitals.

The Parliamentary Standing Committee on Health and Family Welfare had flagged the issue of inadequate supply of oxygen and ‘grossly inadequate’ government hospital beds in November 2020 and asked the central government to take immediate action in view of the COVID-19 pandemic.

The 123rd report of the Committee on “the outbreak of pandemic Covid-19 and its management”, which was presented to the Chairman of Rajyasabha on November 21, 2020 and forwarded to the Speaker, Loksabha four days later, asked the central government to encourage adequate production of oxygen for ensuring its supply as per demand in hospitals.

The Committee also wanted the National Pharmaceutical Pricing Authority (NPPA) to take appropriate measures for capping the price of oxygen cylinders so that availability as well as affordability is ensured in all hospitals for medical consumption.

Agreeing with the observation of the Department of Health, it said the pandemic had led to an unprecedented increase in the demand of non-

invasive oxygen cylinders and instances of lack of oxygen cylinders in the hospitals had also been reported.

Chapter V of the DM Act, 2005 (Sections 35-40) provides duties and obligations of (i) the Central Government and its Ministries and Departments and; (ii) All State Governments and their respective Ministries and Departments, to take all such measures as are deemed necessary or expedient for the purpose of disaster management. Amongst numerous such measures, one is to “take necessary measures for prevention of disasters, mitigation, preparedness and capacity-building, in accordance with the guidelines laid down by the National Authority”. Further, Sections 2 and 2A of the ED Act, 1897 confer powers upon the State Governments and the Central Government, respectively, to take necessary measures to combat and prevent the spread of an epidemic.

However, the Respondents failed not only to discharge their statutory duties u/S 35-40 of the DM Act, 2005, but also failed to exercise their powers conferred u/S. 2 and 2A of the ED Act, 1897. The Respondents have violated the spirit of Article 47 of the Constitution of India, which provides that a State must regard public health as one of its primary duties, in addition to raising the level of nutrition and standard of living of its people.

The petitioners have also submitted that the respondents had sufficient time for preparedness and capacity-building.

In the prayers the petitioners says that the Canter as well as governments must come forward to set up requisite number of oxygen plans in a time-bound manner and stringent punishments of deterrent manner prescribe for those who permit/participate in/organize public mass gatherings of over 100 persons without prior permission of the District Collector.

It is also submitted that Canter and State should jointly formulate and implement schemes to provide free education to children up to the age of 21 years of age, especially those who have lost their families/parents in COVID-19.