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How high courts intervened in Covid-19 management in India
During the second wave of Covid-19 infections, which has devastated patients and families across India, there is a somewhat unlikely institution that has been active, even proactive, in the realm of Covid management — India’s various high courts
During the second wave of Covid-19 infections, which has devastated patients and families across India, there is a somewhat unlikely institution that has been active, even proactive, in the realm of Covid management — India’s various high courts.
Turn north first.
On Thursday, the Uttarakhand high court (HC) came down on the central government after its representative failed to appear before the court to answer queries on oxygen allocation to the state.
A bench of chief justice RS Chauhan and justice Alok Verma asked the central government counsel whether any officer was present before it, as was requested by the court during an earlier hearing. Last week, the court had told the central government not to divert oxygen from the state to other states and said it would stand for Covid patients of the state.
The counsel, Rakesh Thapliyal, replied in the negative, saying the officer was busy. “They can’t be so busy as to not attend court,” the court said.
Or turn west.
On Wednesday, the Bombay HC directed the Brihanmumbai Municipal Corporation (BMC) not to wait for the Central government’s permission to conduct door-to-door vaccination drive for the elderly and differently abled persons who cannot go out for inoculation.
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A division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing a public interest litigation (PIL), said the Centre failed to give a favourable response to the court’s direction in an earlier hearing on May 12 on whether the door-to-door vaccination could be implemented. The PIL sought directions to the Centre, the state and BMC to provide door-to-door vaccination for people over 75 years of age, differently abled people and those who are bed-ridden.
Or go south.
On May 5, the Karnataka high court directed the Centre to supply 1,200 metric tonnes of oxygen to Karnataka considering that the cases were increasing. This came after the Centre had reduced the state’s oxygen allocation to about 900 metric tonnes and allowed diversion of oxygen from Belagavi to Maharashtra.
The court’s order was in response to a PIL challenging the Centre’s decision. The Centre then challenged the high court order in Supreme Court. The SC upheld the high court order saying it was based on discussions with Centre and the state officials and was very rational. The Karnataka HC is monitoring the Covid situation in the state on weekly basis.
And then look around the country.
The Madras HC is monitoring the Covid situation in the state on a daily basis, and has been issuing orders on oxygen, bed and ventilator management. The Gujarat HC has rapped the state government for the high number of Covid cremations reported across the state and questioned the state’s Covid death figures. It also expressed its dismay at non-availability of beds. And in some states such as Bihar and Uttar Pradesh, HCs took over the Covid management, even suggested lockdown and appointed committee of experts to suggest measures to deal with rising Covid cases.
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These are just some of the HC interventions across the country to manage Covid, with directions to the Centre and the state government to deal with the situation. The court’s interventions have come at the time when citizens are distressed and have felt let down by their elected representatives.
But this approach has its critics too — particularly those who believe that the courts have overstepped their mandate, and they should let the executive branch of the State decide on policy issues, both in terms of its conceptualisation and execution. Veteran constitutional expert Subash C Kashyap, writing in Hindustan Times earlier this week, noted, “The constitutional way to handle the pandemic is to leave it to the separate organs of the State to perform the functions — and only the functions — they are meant to.”
Others disagree and believe that courts provided relief when the government failed. “From providing hospital beds to oxygen supply to creating new Covid care facilities, the courts have issued directions on almost all aspects. I don’t think it was a case of judicial overreach,” said Prashant Bhushan, senior Supreme Court lawyer.
A set of HC interventions:
Allahabad HC
On March 1, 2021, a bench of justices Siddhartha Varma and Ajit Kumar asked the state government to ensure 100% compliance of mask wearing and restrict number of guests in marriages and funerals. The bench also said no to physical classes.
On April 6, a bench of then chief justice Govind Mathur and justice Siddhartha Varma directed district collectors to ensure that Covid regulations are met and asked them to submit a report. It also banned crowding of people for panchayat elections and asked the state government to ensure vaccination of all above 45.
On April 19, a bench of justices Siddhartha Varma and Ajit Kumar said Covid-19 had virtually incapacitated all medical infrastructure in Uttar Pradesh and specially in cities such as Prayagraj, Lucknow, Varanasi, Kanpur and Gorakhpur. It issued a slew of directions including closure of government and private offices, except for essential services, no social functions till April 26, and asked the state to consider complete lockdown. On April 20, the SC stayed the high court order.
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On April 27, the court asked the state government to issue health bulletins for major government hospitals twice a day and report every Covid death to a judicial officer. A week later, the court said that deaths because of non-availability of oxygen were “no less than genocide” and directed the district magistrate of Lucknow and Meerut to inquire into the matter of the deaths of patients due to shortage of oxygen supply in their districts.
On May 7, justices Siddhartha Varma and Ajit Kumar asked the state government to ensure Covid-19 vaccination of all UP residents within three-four months and expedite the purchase of vaccines from the global market. On May 11, it asked the state to set up a mechanism to deal with Covid related complaints of people. And on May 17, the same bench observed that state was running “Ram Bharose” while speaking about a Covid patient going missing from Meerut district hospital, and later being cremated as an unidentified dead body.
Patna HC
The Patna HC instructed the state government to form a 13-member expert panel on Covid; update death registration figures; boost testing facilities, especially in rural areas; and increase Covid beds.
Uttarakhand HC
The HC directed the state government to appoint monitoring committees in all 13 districts. These committees are submitting reports directly to the high court.
On January 11, HC had directed the state government to apprise it about the Standard Operating Procedure (SOP) for Mahakhumbh and steps being taken to check the possible spread of Covid-19 at the festival where millions of people were expected to visit. The government later issued an SOP for Mahakumbh.
In March, the HC directed the state government to ensure pilgrims coming for Mahakumbh have a negative RT-PCR test. The state government issued a direction in this regard
On April 28, the HC directed the state government to increase daily Covid testing in Dehradun, Haldwani and Haridwar to least 30,000 to 50,000. The court also passed a slew of directions related to black marketing of Covid medicines and injections and overcharging for Covid-related health services.
Gujarat HC
The high court asked the state government to file the status report on bodies cremated after media reports suggested difference in number of Covid deaths reported from crematoriums and in state’s health bulletin. It also asked the state government to project the real picture, and said any attempt to hide will cause major problem in managing Covid-19.
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The court also asked the state government to publish correct RT-PCR data and not shy away from making results public, and increase Covid beds and ICU facilities. And it also set up monitoring committees for Ahmedabad and Surat municipal bodies.
Chhattisgarh HC
On May 5, the Chhattisgarh HC asked the state government to modify its vaccination rollout plan that linked the Covid-19 jabs to the financial status of the beneficiaries, ruling that the government’s April 30 order that decided the state would first administer the vaccines to the poorest of the poor was against law. The state government then reserved only one-third of vaccines for the poor. HC also asked the state government to set up help desks for the poor to get on the spot registration and vaccines.
Himachal Pradesh HC
The court asked the state government to increase the number of testing laboratories to cover a larger percentage of the population; consider sending mobile vans for Covid tests; increase the number of dedicated Covid hospitals; increase the number of Covid beds in all hospitals with regular oxygen supply; buy additional CT scan machines; provide real-time data on bed availability; and take action against private hospitals under Disaster Management Act for refusing to do tests or provide Covid health care.
Madras HC
The court sought weekly status reports on oxygen supply, bed availability, medicines and vaccinations. It also appealed to the Centre to distribute oxygen equitably to all states, and increase vaccines and drugs given to Tamil Nadu. It also suggested to the state government to consider shifting vaccination centres from hospitals to other locations to prevent further spread of the infection — a suggestion the state health department is working on.
Bombay HC in Goa
The court directed the Goa government to fix the oxygen supply at the Goa Medical College and Hospital after deaths of patients at the hospital. It suggested a lockdown to the state government, which the government announced on May 6
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On the court’s direction, the Goa government also made it mandatory tor all those entering the state to produce a Covid negative certificate, taken 72-hour prior to entry into the state.
Punjab and Haryana HC, Chandigarh
The court directed the Punjab and Haryana governments on April 23 to create a nodal agency in every district, which would monitor the availability of beds situation, supply of medicines, oxygen and other related issues. Nodal agencies were created by both the governments, as per their reports in HC on May 4.
Tripura HC
The Tripura HC has asked the state government to ensure that every hospital has regular oxygen supply. It has also directed the government to do Covid-19 tests in all government sponsored orphanages after 36 children in Agartala-based orphanages were infected with the virus.
Madhya Pradesh HC
The court directed the state government to provide Remdevisir injections at MRP, after reports of the medicine being sold 10-20 times the sale price. It also asked the state government to submit a report on preparations for the third wave.
(With inputs from state bureaus)
ABOUT THE AUTHORChetan ChauhanChetan Chauhan is National Affairs Editor. A journalist for over two decades, he has written extensively on social sector and politics with special focus on environment and political economy.
