Supreme Court issue directions for Covid-19
- shrey singh
- Jun 21, 2020
- 4 min read
In Re: The Proper Treatment of COVID 19 Patients
&
Dignified Handling of Dead Bodies in the Hospitals etc.
Suo Motu Writ Petition (Civil) No.7/2020
Bench – Ashok Bhushan, Sanjaya Kishan Kaul, M.R. Shah, JJ.
Facts
The hon’ble Supreme Court of India had issued a notice to hospitals based in NCT of Delhi and other States on 12th June 2020, addressing the shortcomings and flaws in treatment of COVID 19 patients. The intention of court behind issuing such notice was to ensure proper remedial action by all such hospitals in order to redeem the plight of patients and other persons who are in dire need of medical care.
In response to this notice, the Union of India, Delhi Government and concerned State Governments filed their affidavits.
Held
The esteemed Full bench of the Supreme Court, addressing the affidavits filed by the concerned parties suggested some measures and instruction which are to be followed by them while implementing the steps mentioned in their affidavits.
Addressing the policy of the government related to attendants of COVID19 patients, the court issued some directions: –
· All COVID-dedicated hospitals shall permit one willing attendant of the patient in the hospital premise, who can remain in an area earmarked by the hospital.
· Secondly, all COVID dedicated hospitals shall create a helpdesk accessible physically as well as by telephone from where well-being of patients admitted in the hospitals can be enquired.
(i) Affidavit filed by Delhi Government: The court, while addressing the affidavit filed by the Delhi Government held that it fails to indicate any proper mechanism for proper supervision and functioning of hospitals and steps to improve the same. The bench also pointed out that this affidavit tries to give an impression to the Court that everything in the Government hospital in NCT, Delhi is well and all steps are being taken by the Government of NCT of Delhi, the bench made a remark on this aspect of the affidavit and stated that “When the Government does not endeavour to know any shortcomings or lapses in its hospitals and patient care, the chances of remedial action and improvement becomes dim”. The court impressed upon the Government of NCT of Delhi to be more vigilant in knowing about the deficiency and lapses in functioning of the hospitals and quality of treatment for COVID patients, suggesting them to take immediate & remedial steps to redeem the miseries of patients, the public who needs medical care and help.
Addressing the affidavit filed by the Director, LNJP hospital, Government of NCT of Delhi regarding the installation of CCTV cameras in hospitals, the court welcomed this step and stated that this shall not only help the hospital management to immediately find out the requirement of proper care with regard to patients admitted in the wards but also ensure transparency in the patients care in the hospital. Also, the court issued certain guidelines in this regard: –
· Footage from the CCTV Cameras shall be made available by the hospitals in NCT of Delhi to the inspecting/supervising expert team or to any other authority or body as per directions of the Union of India, Ministry of Health and Family Welfare for screening the footage and issuing necessary directions thereon.
· In Government hospitals of GNCT, Delhi which are COVID dedicated hospitals, where CCTV cameras have not been installed, steps shall be taken to install CCTV Cameras in the wards.
· The Chief Secretaries of other States shall also take steps regarding installation of CCTV Cameras in COVID dedicated hospitals where COVID patients are taking treatment to facilitate the management of such patients and for the screening of the footage by designated authorities or bodies so that remedial action may be suggested and ensured.
The court also laid down some general directions which are to be followed by the parties involved in this case viz. the Union of India, Delhi Government and Governments of concerned States and Union Territories. These directions state that: –
· The Ministry of Health and Family Welfare, Union of India, shall constitute Expert Committees consisting of:
a) Senior Doctors from Central Government hospitals in Delhi,
b) Doctors from GNCTD hospitals or other hospitals of Delhi Government,
c) Doctors from All India Institute of Medical Sciences,
d) Responsible officer from Ministry of Health and Family Welfare.
· The Expert Committee shall inspect, supervise and issue necessary directions to all Government hospitals, COVID hospitals and other hospitals in NCT of Delhi taking care of COVID patients; The Expert Committees shall ensure that at least one visit in each hospital be done weekly.
· The above team may in addition to normal inspection shall also conduct surprise visits to assess the preparedness of the hospitals. The expert team as indicated above after visiting may issue necessary instructions for improvement to the hospital concerned and also forward its report to the Government of NCT of Delhi and the Union of India, Ministry of Health and Family Welfare.
· The Court further direct that all States shall also constitute an expert team of Doctors and other experts for inspection, supervision and guidance of Government hospitals and other hospitals dedicated to Covid-19 in each State who may inspect, supervise the hospitals in the State and issue necessary directions for the improvement to the concerned hospital and report to the Government. Chief Secretary of each State shall ensure that such Committees are immediately constituted and start their works within a period of seven days.
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