Amit Agarwal
By the way of an interim order, the Bombay High Court’s Goa Bench vide order (dated: 06th May 2021) has directed the Goa State Administration to ensure that no person without a COVID-19 negativity certificate should be permitted entry into the State.
“We direct the State Administration to ensure that no persons are permitted entry into the State unless they possess a negativity certificate obtained within 72 hours from the time they seek entry into the State,” the order stated.
The Court also did not bar the State Government from formulating a protocol to deal with the issues of essential supplies and the procedure for entry of the persons involved in essential supplies. This Protocol should however provide necessary safeguards to ensure that such persons are not COVID-19 positive at the time of entry into the State.
The foregoing order of the Court shall come into force on May 10, 2021, since some time will have to be given to enable the State Administration to publicize such a requirement.
“Based on this unrestricted entry, Goa is touted as one of the few tourist destinations where all is well. This is neither fair to the populace in Goa already suffering from the overstretched medical infrastructure nor to the unsuspecting tourists who have to very often avail of the overstretched facilities at a great price. Therefore, by way of an interim order, we direct the State Administration to ensure that no persons are permitted entry into the State unless they possess a negativity certificate obtained within 72 hours from the time they seek entry into the State. This will not prevent the State Government from formulating a protocol to deal with the issues of essential supplies and the procedure for entry of the persons involved in essential supplies,” the Bombay High Court stated.
The bench of Justices M.S. Sonak and M.S. Jawalkar was hearing a batch of pleas in regard to the issuance of directions to the State Administration of Goa with respect to surge in COVID-19 cases in the State and to ensure adequate supply of oxygen beds, COVID-19 medicines for all patients in Goa, and also for ensuring security measures for doctors and medical personnel to avoid cases of harassment and violence against them in COVID-19 wards.
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The division bench of Bombay High Court further issued a slew of directions related to the protection of healthcare professionals, medical infrastructure including the availability of oxygen and ICU beds in the state of Goa.
Extending protection to healthcare professionals
The Court at the outset observed that each of us owe a debt of gratitude towards these healthcare professionals who have relentlessly throughout this pandemic have dedicated themselves in saving people’s lives. Therefore, the minimum that we collectively owe to these healthcare professionals is security.
“It is absolutely necessary to take urgent steps for their well-being to ensure that our appreciation for their tremendous efforts is not reduced to rhetoric,” the bench further remarked.
While stating that there will be zero tolerance for any form of physical or verbal violence against healthcare professionals, the Court has directed the State Administration to post sufficient police personnel round the clock at hospitals, wards, etc.
Medical Infrastructure
The Court noted that the extent of facilities available should be in the public domain for the easiness of the people using them.
The Court further took note of the order of the Supreme Court on 30th April 2021, where the top Court in the same issue has directed the Central Government to formulate National policy on Admission in Hospitals which shall also be followed by the State Governments. The Court has directed the Central Government to place on record if such policy has already been formulated for the State Governments to comply.
By the next date of hearing, this Court has directed the State Government to formulate such policy as foregoing.
Resolving Issue of Oxygen Supply
The Bombay High Court while taking note of the order of the Supreme Court of 30th April 2021 where it is recorded that the Central Government has put in place an interactive mechanism called “Virtual Central Control Room”, has directed the State Administration should file an affidavit as to the need of the State and whether this need is met by the supplies made from the various sources.
“Affidavit to also indicate whether any steps have been taken by State Administration for having plants for the manufacture of oxygen in the State of Goa itself,” the Court further noted.
“The State Administration should also file an affidavit indicating the position of stocks of essential medicines available in the State of Goa and the steps taken to augment the same, so that, we do not have a situation wherein patients succumb for want of these essential medicines,” the direction by the court stated.
Testing Facilities
In regard to the testing facilities, the State Administration is asked to file an affidavit indicating the current status.
“The affidavit to also indicate whether these testing faculties at Panaji and Mapusa which were operational for such a long time, continue to be in operation. The affidavit to indicate whether any arrangements have been made to collect samples from home where the patients, for genuine reasons are unable to access testing stations,” the direction of the Court stated.
Vaccination
The Court has asked the State Administration to file an affidavit indicating the position of vaccination drive in the State of Goa. The affidavit to also indicate whether any facilities have been provided for the marginalized section of the society, the disabled or the senior citizens, who are unable to access the vaccination centre.
“The affidavit to also indicate the status of the vaccination drive for the persons between 18 and 44 years, which was to commence from 1/5/2021,” the direction further stated.
The Court has also asked the State Administration to file an affidavit indicating the measures adopted by it for preventing the spread of the pandemic. The affidavit to also indicate the SOPs already issued and report on the efficacy of the same and whether there is any thought process on the issue of lock-down, now that the situation is spiralling out of control.
Petitions filed before the Court
The first plea was moved by South Goa Advocates Association seeking directions on the Respondent authorities to ensure adequate supply of oxygen beds, COVID-19 medicines for all patients in Goa and also for ensuring security measures for doctors and medical personnel to avoid cases of harassment and violence against them in COVID-19 wards.
The second plea was moved by activists Armando Gonsalves and Shruti Chaturvedi seeking availability of a common platform for information on bed availability, ICUs and Oxygen and has also sought imposition of 15 days lockdown in the state of Goa.
Advocates Akash Rebello, Rui Gomes Pereira, Varun Bhandanker and Nikhil Pai appeared for the Petitioners.
Click Here To Download The Order
Edited by Anadi Tewari