Ensure availability of essential drugs used for treating COVID-19 patients: Plea in Delhi HC
Apr 26, 2021
By Sushil Batra
New Delhi [India], April 26 : An application has been moved in the Delhi High Court seeking direction to the Delhi government and others to ensure availability of requisite medicines, injections at all hospitals (including Private Hospitals), and chemist shops in the national capital and no black marketing of medicines used to treat COVID-19 patients.
The Intervention Application has been moved in an ongoing Rakesh Malhotra matter in which a bench of Justice Vipin Sanghi and Justice Rekha Palli is examining the aspect of shortage of supply of oxygen to the GNCTD and various hospitals located there within the light of the current outbreak of COVID-19.
Applicant Kritika Gupta, a practicing lawyer states that the court's urgent directions are required to stem the acute shortage of medicines for treating COVID-19 patients such as Remdesivir, Favipiravir, Fabiflu and Tocilizumab in Delhi.
It is pertinent to mention that the father of the applicant succumbed to COVID-19 as prescribed medication for treatment could not be administered timely due to its non-availability.
The applicant also sought direction from the Delhi Government to have a mechanism to ensure the availability and procurements of essential drugs for the families of the ailing patients in a time-bound and transparent manner and also to provide a helpline to the public at large to facilitate the procurement of COVID-19 medication.
The complete breakdown of the health infrastructure even after one year of the first COVID-19 wave shows the unpreparedness of the Respondents to deal with the pandemic which has created chaos across the country, especially in Delhi, the plea read.
The petition also mentioned that the Respondents have failed to regulate black marketing of the COVID-19 drugs which are being sold by the hoarders in the black market at 5-10 times the prices of the MRP due to the acute shortage of these medicines.
It added that the right to health is an integral part of the Right to Life enshrined under Article 21 of the Constitution of India and it is the bounden duty of the Respondents herein as stipulated under Article 38, 39(e), 41, and 47 of Part IV of the Constitution to ensure that the citizens of this country are provided with proper medical facilities and health infrastructure.
"The inaction on the part of the Respondents in ensuring availability of the medicines required for treating COVID-19 patients tantamount to violation of the rights of the citizen enshrined under Article 21 of the Constitution of India,"read the plea.
