Summary
In continuing suo motu proceedings concerning COVID-19 treatment and hospital deaths, the Court directed hospital fire-safety supervision, monthly audits and action concerning missing or expired fire clearances. It reaffirmed that Article 21 includes affordable treatment and required strict implementation of pandemic safeguards, transparency in testing and reporting, hospital-bed directions and election-related precautions. Further compliance affidavits were directed within four weeks.
Issues
- What measures were required to prevent fires in COVID hospitals and enforce pandemic safeguards.
- How affordable treatment, public gatherings and election campaigning should be addressed during the pandemic.
Provisions considered
- Article 21, Constitution of IndiaThe right to health includes affordable treatment; the State must provide for accessible hospital treatment, and violations of protective measures can impair the health rights of others. (¶¶ 6, 9)
Held
- Every COVID hospital must have a responsible fire-safety nodal officer. District committees must conduct fire audits at least monthly, notify deficiencies and report for government follow-up. Hospitals without fire NOCs or renewals must apply immediately, with inspection, decision and appropriate State action. Gujarat must assist the inquiry commission and take remedial action. (¶ 3–4)
- Affordable treatment forms part of the right to health. The Court called for increased State or local hospital provision or caps on private-hospital fees through Disaster Management Act powers. Strict enforcement of guidelines and SOPs was required without regard to a violator’s position. (¶ 6–10)
- States were directed to strengthen supervision at likely gathering places, restrict permissions unless necessary, monitor permitted gatherings, expand testing and disclose accurate figures, enforce existing reserved/free-bed directions, provide grievance helplines and consider weekend or night curfews. Containment areas with high case counts required sealing and lockdown except essential services; restrictions must be announced sufficiently in advance for livelihood arrangements. A mechanism for intermittent rest for exhausted health workers was also called for. (¶ 11)
- States and Union Territories must issue directions ensuring compliance with the Election Commission’s pandemic campaign guidelines, with suitable modifications for elections of other organisations. The order did not impose a new universal bed percentage or fix a nationwide hospital fee ceiling. (¶¶ 11(iv), 12–14)
- The Union and States were given four further weeks to place the indicated measures on affidavit; the proceedings remained pending for consideration and further directions. (¶ 15)
Result
Continuing directions issued; compliance affidavits to be filed and matter listed after four weeks.