COVID-19: Delhi HC dismisses PIL for actions against faulty, substandard PPE kit manufacturers
Jun 22, 2020
New Delhi [India], June 22 : The Delhi High Court on Monday dismissed a public interest litigation (PIL) seeking actions against those manufacturing faulty and substandard personal protective equipment (PPE) kits under the guise of COVID-19 kits.
A division bench of Chief Justice DN Patel and Justice Prateek Jalan, while dismissing the PIL, observed that there are enough guidelines by the authorities concerned and there are several authorised laboratories too.
The court also highlighted that if a manufacturer undertakes any role in making faulty and substandard PPE kits, then it will have to face action under the law.
The plea, filed by advocate Amit Jain, sought directions to the government to regulate the import, manufacture, sale and circulation of PPE kits under the provision of the Drugs and Cosmetics Act, 1940, and to initiate legal actions as envisaged inter alia under the same against the manufacturers of faulty and substandard coveralls.
It also sought directions to constitute a commission or body to deal with the menace of manufacture, import, and supplying of faulty or substandard PPE coveralls and kits for the purposes of the COVID-19 prevention and treatment.
According to the plea, the Ministry of Textiles in April took cognizance of faulty PPE kits being supplied by the local manufactures, and to curb the same it issued further guidelines for the authorised laboratories.
"Despite the issuance of guidelines, the number of instances were reported with respect to faulty or ineffective PPE coveralls being supplied by the local manufacturer. In some instances, the sub-standard was so evident that medical professionals out-rightly refused to use those PPE kits," the plea said.
"Despite widely reported incidents of supply and circulation of faulty PPE kits across India, no action was taken by the respondents inter alia under the Drugs and Cosmetics Act, 1940 qua the manufacturers or suppliers of faulty PPE kits," it added.
the plea said that the menace of import, manufacture, sale, and distribution of faulty sub-standard PPE kits could not be cured due to the inaction of the respondents in enforcing the laws in its letter and spirit.
The respondents have failed to invoke the penal provisions envisaged under the Drugs and Cosmetics Act, 1940, against the manufacturers, importers, sellers, and distributor of the faulty and sub-standard PPE kits, the petitioner submitted.
