Covid-19

Covid-19

Right to health – Is a fundamental right guaranteed under Article 21 of the Constitution of India

Constitution of India, Article 21 - Right to health – Is a fundamental right guaranteed under Article 21 of the Constitution of India - Right to health includes affordable treatment - It is the duty upon the State to make provisions for affordable treatment and more and more provisions in the hospitals to be run by the State and/or local administration are made - It cannot be disputed that for whatever reasons the treatment has become costlier and costlier and it is not affordable to the common people at all - Even if one survives from COVID-19, many times financially and economically he is finished - Therefore, either more and more provisions are to be made by the State Government and the local administration or there shall be cap on the fees charged by the private hospitals, which can be in exercise of the powers under the Disaster Management Act – Covid19. #2020 SCeJ 2231

Strict and stern action should be taken against those who are violating the Guidelines and SOPs

Covid19 - Despite the Guidelines and SOPs issued, for lack of implementation the Pandemic has spread like wild fire - A strict and stern action should be taken against those who are violating the Guidelines and SOPs, whoever he may be and whatever position the violator is occupying. #2020 SCeJ 2231

Safety and health of the citizens must be the first priority, rather than any other considerations

Covid19 - Every State must act vigilantly and to work with the Centre harmoniously - It is the time to rise to the occasion - Safety and health of the citizens must be the first priority, rather than any other considerations. #2020 SCeJ 2231

Fundamental Duties - Duty of people - People should understand their duty and follow rules very strictly

Covid19 – Fundamental Duties - Duty of people - People should understand their duty and follow rules very strictly - It is the duty of every citizen to perform their fundamental duties as guaranteed under the Constitution of India - By not following the Guidelines/SOPs issued by the State from time to time, such as, not wearing the masks, not keeping social distances, to participate in the gatherings and the celebrations without maintaining social distances, they are ultimately not damaging themselves but they cause damage to the others also - They cannot be permitted to play with the lives of the others and they cannot be permitted to infringe the rights of other citizens, like right to health guaranteed under Article 21 of the Constitution of India - Constitution of India, Article 21 . #2020 SCeJ 2231

Held, There is a need to help and guide our people to implement the guidelines and the SOPs issued by the Government, either the Union or the State, such as, wearing of masks, keeping the social distance etc. There must be a strict implementation by the authorities so as to ensure that the SOPs and the guidelines issued from time to time are strictly adhered to and followed by the people. Additional Chief Secretary (Home)/Secretary (Home) of respective States shall ensure the strict implementation of the SOPs and the guidelines with the help of the concerned Superintendent of Police/District Superintendent of Police and the Police In-charge of the concerned police station.

Directions with regard to measures to be taken to contain the Covid-19

Covid19 – Directions with regard to measures to be taken to contain the Covid-19. #2020 SCeJ 2231

Held,

i) More and more police personnel shall be deployed at the places where there is likelihood of gathering by the people, such as, Food Courts, Eateries, Vegetable Markets (Wholesale or Retail), sabzi Mandies, bus stations, railway stations, street vendors, etc.

ii) As far as possible, unless must, no permission shall be granted by the local administration or the Collector/DSP for celebration/gathering even during the day hours and wherever the permissions are granted, the local administration/DSP/Collector/Police In-charge of the local police station shall ensure the strict compliance of the Guidelines/SOPs. There should be a mechanism to check the number of people attending such function/gathering, such as, the particulars with respect to how many persons are going to attend the celebration/gathering, timings during which the celebration/gathering is to take place etc.

iii) There shall be more and more testing and to declare the correct facts and figures. One must be transparent in number of testing and declaring the facts and figures of the persons who are Corona Positive. Otherwise, the people will be misled and they will be under impression that everything is all right and they will become negligent.

iv) Whenever directions are issued under the Disaster Management Act directing the corporate hospitals/private hospitals to keep 50% or any other percentage free municipal beds, it must be strictly complied with and there shall be constant vigilance and supervision.

v) There shall be free helpline numbers to redress the grievances of common man, when there is non-compliance of the directions by the private hospitals/corporate hospitals.

vi) Curfew on weekends/night be considered by States where it is not in place.

vii) In a micro containment zone or in an area where number of cases are on higher side, to cut the chain, they should be sealed and there should be complete lockdown so far as such areas are concerned. Such containment areas need to be sealed for few days except essential services. The same is required to break the chain of virus spread.

viii) Any decision to impose curfew and/or lockdown must be announced long in advance so that the people may know and make provisions for their livelihood, like ration etc.

ix) Another issue is a fatigue of front row health care officers, such as, Doctors, Nurses as well as workers. They are already exhausted physically and mentally due to tireless work for eight months. Some mechanism may be required to give them intermittent rest. #2020 SCeJ 2231