Resuming its hearing on COVID-19 in the country after taking suo motu cognizance of issues related to oxygen and medicine supply as well as other policy matters concerning the coronavirus pandemic, the Supreme Court on Friday noted that the healthcare sector in India has come to a breaking point.

Observing that even doctors and healthcare workers were unable to get beds in hospitals, the Supreme Court noted that the situation is grim.

The court suggested that retired doctors or officials could be re-employed and hostels, temples, churches and other such places could be converted into COVID care centres to deal with the raging pandemic.

“We agree that health infrastructure we inherited over the past 70 years is not adequate,” the court said in a scathing observation.

The court also suggested to the Centre to adopt a national immunization model with regard to the COVID-19 vaccination programme, observing that poor people will not be able to pay for the vaccines.

Justice DY Chandrachud said a “national immunization policy” must be followed.

“Why can’t the Centre follow a national immunization programme with respect to COVID-19 vaccines?” the bench asked while flagging concerns about the exclusion of SCs/STs and the disenfranchised from the vaccination coverage.

SC on equity in vaccine distribution

The court also asked why was the Centre not buying 100 per cent of COVID-19 vaccine doses as it is in the best position to determine equity and disburse them. Private vaccine manufacturers cannot be allowed to decide which state should get how much, the court noted.

“Will one state get priority access over another in getting the vaccines? Centre says 50 per cent will be procured by states for vaccines. How will the vaccine manufacturers ensure equity?” the court said while asking the Centre to submit data on the exact population between 18 and 45.

The court also allowed the Centre to give a PowerPoint presentation on preparation to deal with the COVID-19 pandemic.

‘No clampdown on dissemination of information on COVID-19’

The court also took note of the matter wherein action had been taken by police or other agencies against people who had sought COVID-related help on the Internet.

The Supreme Court said that there should be no clampdown on the dissemination of information on COVID-19 and that any such clampdown will be treated as contempt of the court. Directions be issued to state DGPs in this regard, the bench ordered the Centre.

Telling the Centre that there should be a free flow of information, the bench said we should hear the voices of citizens. There should not be any presumption that grievances raised on the Internet by citizens are false, it added.

“We want to make it very clear that if citizens communicate their grievance on social media, then it cannot be said it’s wrong information. We don’t want any clampdown of information. We will treat it as a contempt of court if such grievances are considered for action,” the court stated.

Advice to HCs

The court today also dealt with the matter of jurisdiction of high courts to declare lockdowns. The SC bench advised the high courts to observe restraint on making off the cuff remarks. It, however, added that this does not mean judges are afraid of consequences.

“Observations made during hearings get into social media, but it doesn’t mean we are against anybody,” the court said.

‘End politics, save lives’

Regarding the oxygen supply shortage being faced by various states, the court asked as to what measures have been taken to ensure the supply of tankers and cylinders.

“What is the expected supply of oxygen? How do the Central and state governments enable vaccine registration for illiterates or those who don’t have access to the Internet,” the court demanded to know.

“We also hear citizens crying for oxygen cylinders. The ground situation in Delhi is, oxygen isn’t really available and it’s the same in Gujarat and Maharashtra. The government has to tell us what difference will be there from today and the next day of the hearing,” Justice Chandrachud said.

The Solicitor General told the court: “In Delhi, the issue was debated in the High Court too. The difficulty is that the Centre has pulled whatever it can extract from whatever source possible for oxygen. Transportation logistics can be handled at the state level.”

The SG, citing an example, added that the Uttar Pradesh government has installed GPS devices on its tankers carrying oxygen to ensure that vehicles are moving.

“There is no shortage of medical oxygen in the country, supply is being augmented for COVID-19 relief. There is enhanced production of oxygen in the country, from about 6,000 MT per day in August 2020 to 9,000 MT till date,” the SG informed the court, adding that states have been asked to conduct an oxygen consumption audit.

Justice Chandrachud pointed out to the SG that the Centre has a special responsibility towards Delhi.

“Delhi represents the nation and there is hardly anyone who is ethnically a Delhiite. You’ve to push through since you’ve to save lives, you have a special responsibility as Centre. If there’s 200 MT deficit, then you should give that to Delhi. The Centre has an important responsibility as far as citizens of Delhi are concerned. You said there’s a surplus in the steel sector, use that and supply it to Delhi. Otherwise, between today and Monday there’ll be 500 deaths on our hands,” the judge said.

The court also pulled up the Delhi government and asked it to get its act together. The bench told advocate Rahul Mehra, appearing for the Delhi government: “We told the Centre how it has a special responsibility towards Delhi but we need to send a message to the highest levels of your government that in this humanitarian crisis, we don’t want lives to be lost in political bickering.”

“Politics can be during elections. Interact with the Centre. Ask your Chief Secretary to speak with Solicitor General Tushar Mehta,” the bench added.

Mehra then assured the court that the Delhi government will follow it in letter and spirit.

The court, meanwhile, directed the Centre to put in place a uniform policy for admission of COVID-19 patients amid concerns that hospitals are asking for address proof from affected persons in Delhi-NCR.

“Ensure that no local address proof of COVID-19 patients is sought by hospitals for admission,” the SC told the Centre.

Further, the SC noted that creating new structures or committees will not help anyone in this situation and we will have to avail all available resources.

The court then posted the suo motu case matter for hearing on May 10 and said that its order on aspects related to COVID care management will be uploaded on its website on Saturday, i.e. tomorrow.