Anadi Tewari
The Bombay High Court today has directed the State Government of Goa to ensure that no pandemic patient dies of a lack in supply of oxygen at the Goa Medical College.
The Court stated that by virtue of Article 21, the State has been bestowed with a duty to ensure that no life is lost for want of a supply of oxygen else it would be a direct infringement of the Right to life enshrined under Article 21 of the Constitution.
“Right to Life is provided under Article 21 of the Constitution and therefore, there is a corresponding duty cast on the State to ensure that this life is not extinguished on account of inability on the part of the State to supply oxygen to these unfortunate victims of the pandemic,” the division bench of Justices Nitin W. Sambre and M.S. Sonak remarked.
The duty under Article 21 bestowed upon the State can neither be avoided by pleading helplessness nor by putting forth logistical difficulties in sourcing and supplying oxygen, the Court further made it clear.
Taking into note that the situation in the Goa Medical College is quite serious, the bench observed that:
“The situation about the supply of oxygen at the Goa Medical College is quite grim. We have long passed the stage of determining whether patients are suffering from the lack of oxygen or not. The material placed before us establishes that patients are indeed suffering and even in some cases succumbing for want of the supply of oxygen, in the State of Goa.”
Arguments before the Court
The Counsels appearing in the case have submitted the issues that are involved in the supply of oxygen, particularly, at Goa Medical College.
“They require at least 500 jumbo cylinders of oxygen. Further, by 10:00 p.m. they would require another 250 jumbo cylinders followed by another 250 jumbo cylinders by 6.00 a.m. the next day and so on if they are to realistically tide over the crisis at GMC. In addition, they have submitted that they also require at least 72 trolleys of oxygen, if, the patients admitted at Goa Medical College have to be effectively treated and there are no deaths for want of oxygen supply,” the Counsels have submitted before the Court.
The Counsels have also submitted that though the capacity of beds at Goa Medical College is about 700 beds, there are approximately 950 patients admitted at Goa Medical College.
They submitted that such excess patients have to be administered oxygen through loose cylinders.
Observations by the Court
Posting the matter for tomorrow, the Court has expressed its hope that at least tonight, and even hereafter, with the joint efforts of the Dean and the State Administration of which he is a part, there are no casualties at the Goa Medical College for want of oxygen.
“Such logistical problems must be got over at the earliest so that this tragedy of victims gasping for breath in the presence of their near and dear ones and in several cases even dying for want of necessary oxygen supply is arrested at the earliest,” the Court observed in its order.
The Court further stated that:
“The State will have to and is hereby directed to take all necessary steps to ensure that such logistical difficulties are overcome at the earliest and there are no casualties for want of a supply of oxygen to the pandemic victims.”