Anadi Tewari
In order to ensure that the allocation and distribution of oxygen take place on a rational and equitable basis, the Supreme Court has constituted a 12-member ‘National Task Force’ consisting of experts drawn from public and private healthcare institutions with experience in the field.
The bench comprising of Justices DY Chandrachud and MR Shah was hearing an SLP where they have given out a suggestion of the formation of a National Task Force that will provide a public health response to the pandemic on the basis of a scientific approach.
“A consensus has emerged that there is a need to ensure that the allotments of medical oxygen to the States and UTs is made on a scientific, rational and equitable basis. At the same time, it must allow for flexibility to meet unforeseen demands due to emergencies which may arise within the allocated territories. The formula which has been adopted by the Union Government has been adverted to in the earlier order dated 5 May 2021. Some of the deficiencies in regard to the basis and methodology have been flagged earlier,” the bench noted before going on to suggest the formation of the National Task Force.
“It is necessary that an effective and transparent mechanism is set up within the Union Government for the purpose of allocating medical oxygen to all States and UTs for being used during the COVID-19 pandemic,” stated Solicitor General Tushar Mehta while speaking for the Union Government that has agreed to set up a National Task Force.
The National Task Force that is being pursuant to the order of the Supreme Court shall consist of:
(i) Dr Bhabatosh Biswas, Former Vice Chancellor, West Bengal University of Health Sciences, Kolkata
(ii) Dr Devender Singh Rana, Chairperson, Board of Management, Sir Ganga Ram Hospital, Delhi
(iii) Dr Devi Prasad Shetty, Chairperson and Executive Director, Narayana Healthcare, Bengaluru
(iv) Dr Gagandeep Kang, Professor, Christian Medical College, Vellore, Tamil Nadu
(v) Dr JV Peter, Director, Christian Medical College, Vellore, Tamil Nadu
(vi) Dr Naresh Trehan, Chairperson and Managing Director, Medanta Hospital and Heart Institute, Gurugram
(vii) Dr Rahul Pandit, Director, Critical Care Medicine and ICU, Fortis Hospital, Mulund (Mumbai, Maharashtra) and Kalyan (Maharashtra)
(viii) Dr Saumitra Rawat, Chairman & Head, Department of Surgical Gastroenterology and Liver Transplant, Sir Ganga Ram Hospital, Delhi
(ix) Dr Shiv Kumar Sarin, Senior Professor and Head of Department of Hepatology, Director, Institute of Liver and Biliary Science (ILBS), Delhi
(x) Dr Zarir F Udwadia, Consultant Chest Physician, Hinduja Hospital, Breach Candy Hospital and Parsee General Hospital, Mumbai
(xi) Secretary, Ministry of Health and Family Welfare, Government of India (ex-officio member)
(xii) The Convenor of the National Task Force, who shall also be a member, will be the Cabinet Secretary to the Union Government. The Cabinet Secretary may nominate an officer not below the rank of Additional Secretary to depute for him, when necessary.
By virtue of the order of the Supreme Court, the National Task Force is at liberty to draw upon the human resources of the Union Government for consultation and information, including the following:
(i) A member of Niti Aayog to be nominated by the Vice-Chairperson
(ii) Secretary, Ministry of Human Affairs
(iii) Secretary, Department for Promotion of Industry and Internal Trade
(iv) Secretary, Ministry of Road Transport and Highways
(v) Director, All India Institute of Medical Sciences, New Delhi
(vi) Director-General, Indian Council of Medical Research, New Delhi
(vii) Director General of Health Services; and
(viii) Director-General, National Informatics Centre
(ix) Head, Centre for Development of Advanced Computing (C-DAC)
“The concerned Secretaries shall be at liberty to nominate officers of the rank of Additional/Joint Secretary to depute for them. The Task Force is at liberty to formulate its modalities and procedure for working,” the order of the Court stated.
The rationale behind constituting the National Task Force
(i) To facilitate a public health response to the pandemic based on scientific and specialised domain knowledge.
(ii) The Leading experts in the country shall associate with the work of the Task Force both as members and resource persons. This will facilitate a meeting of minds and the formulation of scientific strategies to deal with an unprecedented human crisis.
(iii) To enable the decision-makers to have inputs which go beyond finding ad-hoc solutions to the present problems.
(iv) Establishment of the Task Force will provide the Union Government with inputs and strategies for meeting the challenges of the pandemic on a transparent and professional basis, in the present and in future.
Terms of Reference of the National Task Force
(i) Assess and make recommendations for the entire country based on the need for, availability and distribution of medical oxygen.
(ii) Formulate and devise the methodology for the allocation of medical oxygen to the States and UTs on a scientific, rational and equitable basis.
(iii) Make recommendations on augmenting the available supplies of oxygen based on present and projected demands likely during the pandemic.
(iv) Make recommendations for the periodical review and revision of allocations based on the stage and impact of the pandemic.
(v) Facilitate audits by sub-groups within each State and UT inter alia for determining:
(a) Whether the supplies allocated by the Union Government reach the concerned State/UT;
(b) The efficacy of the distribution networks in distributing supplies meant for hospitals, health care institutions and others;
(c) Whether the available stocks are being distributed on the basis of an effective, transparent and professional mechanism;
(d) Accountability in regard to the utilisation of the supplies of oxygen allocated to each State/UT;
(vi) Review and suggest measures necessary for ensuring the availability of essential drugs and medicines.
(vii) Plan and adopt remedial measures for ensuring preparedness to meet present and future emergencies which may arise during the pandemic.
(viii) Facilitate the use of technology to ensure that the available manpower is optimised for implementing innovative solutions particularly in order to provide an outreach of expert medical care to rural areas.
(ix) Suggest measures to augment the availability of trained doctors, nurses and para-medical staff including by the creation of suitable incentives.
(x) Promote evidence based research to enhance effective responses to the pandemic.
(xi) Facilitate the sharing of best practices across the nation to promote knowledge about the management of the pandemic and treatment of cases.
(xii) Generally, to make recommendations in regard to other issues of pressing national concern to find effective responses to the pandemic.
“We request the Task Force to commence work immediately, taking up the pressing issue of determining the modalities for oxygen expeditiously within a week. The tenure of the Task Force shall be six months initially,” the special bench ordered.
This matter will be listed next on 17th May 2021.
Case: Union of India v. Rakesh Malhotra and Another [Special Leave Petition (Civil) Diary No(s). 11622/2021]