NEW DELHI, May 3: In the wake of the second wave of Covid-19, the Supreme Court has directed the Central and State governments to consider imposing a ban on mass gatherings and super spreader events.
“We would seriously urge the Central and State governments to consider imposing a ban on mass gatherings and super spreader events. They may also consider imposing a lockdown to curb the virus in the second wave in the interest of public welfare,” the SC said.
“Having said that, we are cognizant of the socio-economic impact of a lockdown, specifically, on the marginalised communities. Thus, in case the measure of a lockdown is imposed, arrangements must be made beforehand to cater to the needs of these communities,” the apex court added.
The top court has asked the Central and state governments to put on record the efforts taken to curb the spread of the deadly virus and the measures that they plan on taking in the near future.
On the Covid-19 crisis, the top court said that no patient shall be denied hospitalisation or essential drugs in any State or Union Territory for lack of local residential or identity proof.
A Bench headed by Justice D Y Chandrachud directed the Centre to formulate a national policy on admissions to hospitals, within two weeks, which shall be followed by all state governments and till then no patients will be denied admission or essential drugs in absence of local residential or identity proof.
The top court, in its order, noted that gaining admission into a hospital with a bed is one of the biggest challenges being faced by most individuals during this second wave of the pandemic. "Left to their own devices, citizens have had to suffer immeasurable hardship. Different states and local authorities follow their own protocols. Differing standards for admission in different hospitals across the nation leads to chaos and uncertainty. The situation cannot brook any delay," it said.
"Accordingly, we direct the Central Government to frame a policy in this regard, in exercise of its statutory powers under the Disaster Management Act, which will be followed nationally. The presence of such a policy shall ensure that no one in need is turned away from a hospital, due to no fault of their own," it further added.
'Create a buffer stock of oxygen'
The top court in its order, released late Sunday night, directed that the Central Govt, in collaboration with State Govts, create a buffer stock of oxygen to ensure supply lines continue to function even in unforeseen circumstances and decentralise the location of the emergency stocks.
"The emergency stocks shall be created within the next four days and is to be replenished on a day to day basis, in addition to the existing allocation of oxygen supply to the States," the order stated.
It also observed that in the battle of shifting the responsibility of supplying/off-taking of oxygen, "lives of citizens cannot be put in jeopardy".
It also directed that Central and State governments shall notify all Chief Secretaries/Directors General of Police/Commissioners of Police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform will attract a coercive exercise of jurisdiction by this Court.
"There should be free flow of information; we should hear voices of citizens. This is a national crisis. There should not be any presumption that the grievances raised on the internet are always false. Let a strong message be sent to all the DGPs that there should not be any kind of clampdown," the bench had said.
The Central government is further directed to revisit its initiatives and protocols, including on the availability of oxygen, availability and pricing of vaccines, availability of essential drugs at affordable prices and respond on all the other issues highlighted in this order before the next date of the hearing on May 10.
The SC’s order came on the suo moto proceedings initiated by it on issues related to the oxygen supply, drug supply, and vaccine policy in relation to the COVID-19 pandemic in the country.
It also took judicial notice of the fact that several critical drugs, used to treat COVID-19, such as Remdesivir and Tocilizumab, are being sold at significantly inflated prices or in fake form, and said that this is a "condemnable attempt to exploit people's misery and profit from their helplessness."
It said that in order to clamp down on black marketing of COVID-19 drugs, the Central government can consider constituting a special team to identify and prosecute those who: (a) sell medical grade oxygen/Covid-19 medicines at exorbitant prices, and (b) sell fake substances and recover the concerned substances.
The Bench also comprising Justices L Nageswara Rao and Ravindra Bhat commended the outstanding work of our all healthcare professionals (doctors, nurses, healthcare workers, laboratory technicians, ward staff, ambulance drivers, crematorium workers etc) during this crisis. (Agencies)