HC: Can We Ask Patients Needing Oxygen To Hold On Till April 22?

HC: Can We Ask Patients Needing Oxygen To Hold On Till April 22?

Says Industries Can Wait, Directs Centre To Divert Oxygen For Covid Relief

Abhinav.Garg@timesgroup.com

New Delhi:21.04.2021

With several major Delhi hospitals just hours from exhausting their oxygen supplies, Delhi High Court ordered the central government on Tuesday to immediately stop industries from using oxygen and divert the gas to Covid-19 patients.

“Industries can wait, need for oxygen in hospitals is now and any delay will lead to loss of precious lives. We, therefore, direct the central government to implement decisions to bar industries from using oxygen forthwith. We see no justification for implementing the order from 22nd of April,” a bench of justices Vipin Sanghi and Rekha Palli noted in an order passed after a marathon hearing of over three hours.

The court underlined that economic interests could not override human lives and advised the government to consider reducing production in steel and petroleum production to divert oxygen to hospitals. “Shortage is now. You have to ban now. Look into taking some oxygen from steel and petroleum industries. They have big pockets and big lobbies, but tell them if they have to cut production, then they can cut production. Lives have to be saved,” the bench said wondering why the Centre is waiting till April 22 to ban industrial use of oxygen.

“Can we ask patients needing oxygen to hold on till April 22?” the high court remarked, adding that if nothing was done, then “we are heading for a bigger disaster as we might end up losing nearly a crore of people. Are we willing to accept that?”

During the hearing, the court also asked the Centre to ensure allocation or diversion of resources and medicines, such as Remdesivir, is based on the needs and situation of each state, cautioning that otherwise “people will have blood on their hands”.

The bench was unhappy with the non-application of mind in allocation and diversion of resources and medicines, after examining the government’s affidavit. “We will be doomed,” it told additional solicitor general Chetan Sharma. “The long and short of it is that Remdesivir is in short supply,” the bench said, while hearing a plea by advocate Rakesh Malhotra seeking to revive court monitoring of the issue.

The observations by the bench came after perusing the Centre's affidavit which said there was presently no gap in oxygen supply to Delhi and that industrial use of oxygen was banned with effect from April 22. The health ministry submitted that there had been an inordinate increase of 133% in the projected medical oxygen required as on April 20, between the initial estimate of 300 metric tonnes and revised estimate of 700 metric tonnes submitted by Delhi.

The court also grilled the Centre on allowing wastage of vaccines. “Wastage of vaccines, which is life-saving, is a criminal waste. We direct the government to look into the situation to permit full utilisation of vaccines,” the justices said, citing news reports that 44 lakh of 10 crore vaccines were wasted. “We are now losing young people. Why can’t the vaccine not be given to those below 45 in these 10 days till May 1? If vials are opened and those registered don’t turn up, let others take it, why is there wastage of even one dosage?”

It asked the Centre to consider updating its vaccine registration app to accommodate those in the 18-45 years category. “This update will ensure that all doses are fully utilised. Such flexibility is available in other countries such as the United States of America,” the high court noted.

Referring to shortage of important drugs, the court said the Centre or the drug controller should not hesitate to invoke their power under the Patent Act to go for generic medicines since the lives of the people are being lost at a very fast pace and the lives of people should be taken on 'priority' over everything else.