All residents who suffer from Covid-19 shall get medical facility for treatment, says Delhi HC

NEW DELHI: Article 21 of the Constitution guarantees the most basic fundamental right – the life to life and liberty – to every person, said Delhi high court on Thursday directing that all Delhi residents, suffering from

Covid-19

, shall be provided with the facility for

treatment

.

Justices Vipin Sanghi and

Rekha Palli

were acting on a petition filed by a 52-year-old man whose condition had worsened and he required an

ICU

bed with a ventilator.

The bench also clarified that only because he had approached the court, it didn’t give him an advantage over others suffering from Covid-19.

“We are sworn to protect the fundamental rights of people. Therefore, we are bound to issue a writ to provide the infrastructure to even the petitioner to undergo the treatment that is required to save his life. If he eventually requires ICU, ideally speaking, the same should be made available to him. At the same time we can’t lose sight of the fact that thousands of others afflicted by the same disease in the city and whose condition may be as bad if not worse than that of the petitioner. They have an equal claim to secure an ICU bed with a ventilator facility. Merely because the petitioner has approached this court, may not be the reason to pass an order in his favour so as to allow him to steal a march ahead of others,” said Justices Vipin Sanghi and Rekha Palli.

The bench also pointed out that though the petitioner might have had the resource to approach the court through his counsel, others may not even have that facility of resources. “We therefore dispose of the petition with directions to respondents (union of India, GNCTD, National Disaster Management Authority and the Delhi Disaster Management Authority and its departments) that they shall provide the facility for

medical treatment

as may be required by all residents of Delhi who are suffering from Covid 19 pandemic. In case they require simple hospitalisation or medication the same would be provided. In case they require oxygen support the same would be provided. In case they require admission to ICU with or without ventilators that should also be the obligation of the state to provide…. merely because we have passed the order it doesn’t give the right to the petitioner to claim any preferential treatment. This order is for the benefit of all those in the same situation,” it held.

Laxman Singh, the court noted, had unfortunately been struck with the lethal virus of Covid-19 which as per reports has mutated and the present mutant – the double mutant – is proving to be rather lethal. “…We have seen that the present wave of the pandemic is leading to inflammation in the lungs. Same leads to loss of breathing and onset of pneumonia in the lungs… In a large number of cases…aggravates in pneumonia and the patient requires supervision in the ICU environment and eventually might even need to be put on a ventilator,” the court observed.

The court was of the view that the obligations of the state to provide sufficient infrastructure protect the lives of the people might not be understated but at the same time one couldn’t lose sight of the fact that were facing “once in a century pandemic” and even the most economically advanced nations had found their infrastructure to be lacking to deal with the massive surge of cases of Covid-19 cases which requires hospitalisation without or without ICU and with or without ventilator care facility.

The court also pointed that the existing medical infrastructure in the state has been completely exposed when it has been put to test. “The right has been claimed by the petitioner. This court can’t turn away the petitioner by merely telling him that the state doesn’t have the infrastructure to deal with his condition. ICU beds ventilators have already been taken... Petitioner himself states no ICU bed available despite making enquiries in several hospitals,” observed the bench.


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