No patient shall be denied hospitalisation, essential drugs in absence of identity proof: SC tells GoI

New Delhi: Amid steep rise in COVID cases in India, the country’s Supreme Court has issued a slew of directions to the GoI and state governments on the COVID situation and directed 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 DY Chandrachud directed the GoI 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 COVID-19 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, according to NDTV report.

“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.

The top court in its order, released late Sunday night, directed that the GoI, in collaboration with State governments, 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.

The top court also asked the GoI to ensure, in terms of the assurance of the Solicitor General, that the deficit in the supply of oxygen to Delhi is rectified within two days, that is, on or before midnight of May 3, 2021.

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”.

“The protection of the lives of citizens is paramount in times of a national crisis and the responsibility falls on both the GoI and the Delhi government to cooperate with each other to ensure that all possible measures are taken to resolve the situation,” the Bench added in its order.

It also directed that GoI 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.


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