TUESDAY, MAY 07, 2024
Team Herald
PANJIM: A considerable percentage of the deaths reported due to paucity of oxygen in the past two nights prompted the High Court of Bombay at Goa to exhort the government in ensuring that oxygen needs are met on priority.
The Division Bench comprising Justice M S Sonak and Justice N W Sambre, on Wednesday, observed that COVID-19 patients dying due to lack of oxygen is a gross infringement of right to life under Article 21 of the Indian Constitution.
“(COVID positive patients) are certainly dying due to paucity of oxygen (supply). Let us make the best efforts there is no situation on deaths tonight (Wednesday). It is not our intention or role or expertise to go into supply, logistics etc. As a Constitutional court we recognise right to life and have to ensure life is protected. Article 21 is completely violated if people die due to lack of oxygen,” the Court said.
Advocate General Devidas Pangam, appearing for the State informed the Court that a medical expert will assess if there is deficiency of oxygen supply. The Bench, visibly upset with the response, said it does not appreciate it. “We have seen videos of people gasping for breath due to lack of oxygen and you are going to assess if there is deficiency,” the Bench questioned.
To this, the AG denied shortage of oxygen but accepted issue related to the capacity of the pipeline. “If there are large number of patients on the lower floor, oxygen in the upper floor fluctuates. The solution is to replace cylinders but it will take a long time,” Pangam said with the court promptly asking the government to find a way out for zero deaths due to oxygen scarcity on Wednesday night.
The Court, based on reports submitted, noted that the Goa Medical College and Hospital (GMCH) needs 1000 cylinders of oxygen of which 500 need to be delivered by 2pm. The Court was informed by the government that GMCH has around 700 beds and close to 1000 COVID-19 patients.
When the court asked from where oxygen cylinders can be purchased and refilled, Advocate Amit Palekar intervened to state that private units operate refilling units.
The court then slammed attempts being made by certain companies to profit from the crisis. Justice Sonak pointed out that an oxygen cylinder, which is usually available at around Rs 2000 is being sold at Rs 15-16,000 each. “We have received complaints… It means there is black marketing going on,” the court noted as it strongly opined that the government take control of the oxygen supply in the State. “This is a situation of emergency,” the court said.
Advocate Akash Rebello, appearing for petitioner Shruti Chaturvedi (COVID-19 volunteer) mentioned to the court that there have been restrictions to fill up oxygen cylinders. He suggested that anyone with a medical prescription should be given a refill but the court countered raising apprehensions that it could lead to diversion of resources. Some protocol must be in place it said and suggested whether priority be fixed for government hospitals, followed by private hospitals and then NGOs.
While taking stock of beds in the GMCH, the Bench sought Dean Dr S Bandekar’s presence to address the court through AG Pangam. It also rapped GMCH’s failure to submit an affidavit regarding status of oxygen despite the Court directions issued on Tuesday.
The Dean joined the link to connect to the court hearing along with the nodal officer Dr Kakodkar. The court then sought to ascertain if deaths happened due to lack of oxygen, while assuring that the hearing is not to blame anyone. “We are here to ensure there is no repeat of the incident. Blame game can happen later if we all survive,” the Bench said, hinting at the 26 lives lost between 2am and 6am on Tuesday, which were attributed to shortage of oxygen.
To ensure there is no reccurrence of the ordeal at GMCH the court – based on statements from medical experts attending the hearing – asked the government to arrange 500 jumbo oxygen cylinders by 2pm on Wednesday and another 250 within eight hours at 10pm and another 250 oxygen cylinders by 6am. Likewise, 80 trolleys every 20 minutes for next 24 hours starting at 2pm on Wednesday.
The Court also recorded the submission by the Dean that it would require 72 trolleys of oxygen if patients admitted have to be effectively treated and there is no death for want of oxygen, and directed the State to meet the requirement.
The Bench also expressed its utter displeasure to GMCH’s statement that it was not providing High Flow Nasal Oxygen (HFNO) to needed patients as it required high consumption of oxygen. “This is not acceptable. If a patient requires HFNO, it should be given,” the court said.
The IAS officers assisting the government in handling COVID-19 crisis, assured the court that they are taking the help of their ‘friends in the circle’ for certain requirements besides being on their toes to take stock of the situation round the clock.
In what could be an immediate impact of the court’s observations, the AG informed the Bench that the government has succeeded in organising dura cylinders from Scoop Industries Pvt Ltd and that out of four dura cylinders, two are already at GMCH. “Its capacity is to store oxygen which is equivalent to oxygen stored in 24 jumbo cylinders,” the AG said giving relief to the present crisis.
