Govt may enforce consumer laws to protect Covid victims in need of medicines, beds
Long queues are nothing new in India . But the serpentine queues that we see today, for hospital admissions, for oxygen cylinders, for Remdesivir, for Covid-19 test, for test results, for the cremation and burial of the dead are very different from the routine queues that we are used to. The anxiety, fear, despair and the sorrow that one sees on the faces of those in the queue, bring home the failure of the administration at all levels, to protect the citizens/consumers during the biggest medical emergency that we have faced in the country in recent times.
The desperate scramble for hospital beds, exploitative prices at private hospitals, severe shortage of sanitizers and masks and the consequent blackmarketing of these essential goods, were all part of the first phase of Covid-19 last year. There were also instances of stockpiling and overpricing of medical oxygen and essential drugs used for prevention and treatment of Covid-19, including Remdesivir.
Given that experience and the exponential rise in the number of cases in this second wave, the governments at the centre as well as in the states should have anticipated severe shortages and the consequent exploitation of consumers and taken adequate measures well in time to not only augment supplies of all essential medicines and medical equipment , but also prevent hoarding and black marketing.
In the absence of such measures, consumers today have to beg for hospital beds, Remdesivir, oxygen cylinders, plasma, ventilators, Covid tests and the results of the tests. They are also exposed to racketeers in the garb of drug distributors, chemists, ward boys, nurses and even doctors, selling Remdesivir at five to ten times its maximum retail price.
When demand spikes and goods become scarce, black marketers and hoarders invariably spring into action to exploit the most vulnerable - the consumer. This is not a new phenomenon and there are several laws to help the government deal with such emergent situations.
The Essential Commodities Act, 1955, for example, gives the government sweeping powers to ramp up production, regulate distribution, sale and even the price of goods declared as ‘essential’ in public interest.. The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, even provides for preventive detention.
Similarly, Clause 26 of the Drugs (Prices Control) Order says, “No person shall sell any formulation to any consumer at a price exceeding the price specified in the current price list or price indicated on the label of the container or pack thereof, whichever is less.” Violation can invite imprisonment up to seven years and fine.
There are also other laws like the Disaster Management Act, the Drugs and Cosmetics Act and the Indian Penal code to protect consumer interest in these situations. Yet, consumers are being forced to run from pillar to post for life saving medicines and medical equipment and having to pay exorbitant prices for their procurement.
The State has surely let the consumers down in these difficult times. During the first wave, despite the fact that we were dealing with a new, unknown enemy, we managed to overcome the difficulties and eventually emerged victorious, because of quick interventions by the State. This time, the previous experience and the lessons learnt from last year, should have helped us deal with this crisis even better. But that has not happened. In fact, the superspreader events like the election rallies and the Kumbh Mela made one wonder whether the government was even aware that we were in the midst of a raging Covid pandemic.
At least now, the governments at the centre and the states need to come together and devote all their resources to overcome this medical emergency. Experts warn that this wave will peak only in mid or late May-that means we are yet to see the worst of this. So only emergency measures implemented on a war footing can save the country. It’s not an easy task at this late stage, but not impossible.
Consumers in the meanwhile need to be more responsible --- wear a three layered face mask and a shield too to be on the safer side and most important of all, shun all gatherings ----political, religious, social and cultural.