Case Note & Summary
The Supreme Court of India took suo motu cognizance of a fire incident at a COVID hospital in Rajkot, Gujarat on 26 November 2020, which resulted in deaths of COVID patients. The Court also noted earlier fire incidents in COVID hospitals. The Union of India filed affidavits detailing advisories issued to States to prevent recurrence of fire incidents, including status of implementation of guidelines, NOC status, and inspection reports. The State of Gujarat filed an affidavit outlining directions issued, inspection details, and appointment of a nodal officer for fire safety in dedicated COVID hospitals. The Court issued several directions: (1) each State/UT must appoint a nodal officer for each COVID hospital to ensure fire safety compliance; (2) district-level committees must conduct monthly fire audits of each COVID hospital and report deficiencies; (3) COVID hospitals without NOC from the fire department must apply immediately, and those with expired NOC must renew; appropriate action to be taken against non-compliant hospitals. The Court also emphasized that right to health under Article 21 includes affordable treatment, and the State must provide affordable treatment or cap fees charged by private hospitals under the Disaster Management Act. The Court stressed strict implementation of COVID-19 guidelines and SOPs, including wearing masks, social distancing, and avoiding gatherings. It directed deployment of police at crowded places, restriction on permissions for gatherings, increased testing and transparent reporting, compliance with bed reservation directions, free helpline numbers for grievances, consideration of weekend/night curfew, sealing of micro-containment zones, advance announcement of lockdowns, and measures to address fatigue of healthcare workers. The Court also noted Election Commission guidelines for political party campaigns during COVID-19, allowing door-to-door campaigning with 5 persons, road shows with 5-vehicle convoys, and public gatherings subject to COVID-19 norms. The Court reiterated the need for harmonious Centre-State cooperation and strict action against violators.
Headnote
A) Constitutional Law - Right to Health - Article 21 of the Constitution of India - Right to health includes affordable treatment - State has duty to provide affordable treatment and more hospital provisions - Court directed States to consider capping fees charged by private hospitals under Disaster Management Act (Paras 6-7). B) Disaster Management - Fire Safety in COVID Hospitals - Disaster Management Act, 2005 - Suo motu cognizance of fire incidents in COVID hospitals - Court directed appointment of nodal officer for each COVID hospital, monthly fire audits, and mandatory NOC from fire department - States to take action against hospitals without NOC (Paras 1-4). C) Constitutional Law - Fundamental Duties - Article 51A of the Constitution of India - Citizens must follow COVID-19 guidelines such as wearing masks and social distancing - Non-compliance infringes others' right to health under Article 21 - Court directed strict implementation by authorities (Paras 9-10). D) Election Law - Campaign Guidelines during COVID-19 - Representation of the People Act, 1951 - Election Commission guidelines allow door-to-door campaigning with 5 persons, road shows with 5-vehicle convoys, and public gatherings subject to COVID-19 norms - Court noted these guidelines (Paras 12-13).
Issue of Consideration
Whether the Court should issue directions to prevent fire incidents in COVID hospitals and ensure proper implementation of COVID-19 guidelines and SOPs to protect the right to health under Article 21 of the Constitution of India.
Final Decision
The Court issued directions for appointment of nodal officers for each COVID hospital, monthly fire audits, mandatory NOC from fire department, and action against non-compliant hospitals. It also directed strict implementation of COVID-19 guidelines, including deployment of police, restriction on gatherings, increased testing, transparent reporting, compliance with bed reservation, free helplines, consideration of curfew, sealing of containment zones, advance lockdown announcements, and measures for healthcare worker fatigue. The Court noted Election Commission guidelines for political campaigns.
Law Points
- Right to health under Article 21 includes affordable treatment
- State duty to provide affordable treatment
- cap on fees under Disaster Management Act
- fundamental duties under Article 51A
- strict implementation of SOPs and guidelines
