Ensure oxygen supply, stop fleecing by private hospitals: High Court to Kerala govt
KOCHI: With Covid cases continuing to surge and the state government and other stakeholders involved in the pandemic management being pushed to the limits, the Kerala High Court stepped in on Friday "reminding all to act responsibly and with extreme care" and calling for "swift and unreserved action to prevent any violation of these orders".
Considering a PIL, the court directed the state government to take steps to avoid crowding and celebration before and after the counting of votes. In another petition, the HC asked the government to ensure a continuous supply of oxygen from the state-run Kerala Metals and Minerals Limited in Kollam, with the hospitals desperately needing oxygen.
Meanwhile, observing that the spike in the number of Covid cases in the state is mind-boggling and terming the situation grave, the court said while hearing another plea that the state has an irreplaceable role to control profiteering and the chase of money by all stakeholders, including private hospitals.
The court directed the state government, the state police chief, and district electoral officers to take effective steps to ensure that no social or political gathering, meeting, procession, or parade of any kind, be it celebratory or otherwise, is held in violation of Covid protocol between May 1 and 4.
The division bench comprising Justice Devan Ramachandran and Justice M R Anitha issued the order on a PIL seeking to declare illegal all kinds of gatherings in the name of election-oriented and organisational activities by political parties at a time when the Covid pandemic is raging.
The court also called for swift and unreserved action under laws including the Epidemic Diseases Act and Disaster Management Act to prevent any violation of these orders. The case has been posted again on May 4.
The upward curve of the pandemic statistics is climbing by the day, reminding all to act responsibly and with extreme care, the court said, further observing that strict prevention, rather than initiation of punitive action after infractions, was the need of the hour. It is certain that the directives of the Election Commission of India and state government could not merely rest on paper, as they seemingly were during the election campaigns. Hence, the court could not allow anything to chance, when the state was on "the brink of a precipice".
State Attorney K V Sohan submitted that officials were fully alive to the rapidly evolving pandemic scenario and therefore no gathering in violation of the protocol would be allowed.
On the petition seeking to regulate the exorbitant charges fixed by private hospitals for Covid treatment, the court pointed out the remark of a hapless patient somewhere that "it is easier to survive the shock of the disease than what is inflicted by the hospital bills."
The petitioner alleged the costs charged by many private hospitals are exorbitant and irrational.
The court said the role of the state in regulating costs in private hospitals is fraught with problems --- both legal and procedural. But when its citizens are being pushed to the precipice, the state has an irreplaceable role to do it, the court said.
Sohan submitted the government had issued an order last year regulating the cost of treatment in private hospitals. The government had fixed Rs 2,300 for the general ward, Rs 3,300 for the high-dependency unit, `6,500 for ICU without a ventilator, and Rs 11,500 for ICU with a ventilator. This rate is existing now. He added that after consulting all necessary stakeholders including private hospitals the state will consider if any further downward revisions can be made.
The court adjourned the petition and directed the state to respond with its suggestions mentioning the specific contention of the petitioner that the situation today is in fact far graver than in July 2020, when the earlier order had been issued. The court posted the case on May 4.