No patient shall be denied hospitalisation, essential drugs for lack of local residential proof: SC

Supreme Court orders that the Central Government to formulate a national policy on admissions to hospitals which shall be followed by all State Governments within two weeks. It also ordered the center to shall revisit its initiatives & protocols, including on availability of oxygen and all other issues highlighted in this order before next date of hearing.

New Delhi:The Supreme Court has directed the Centre to formulate within two weeks a national policy on admissions to hospitals in the wake of the second wave of COVID-19 and said no patient shall be denied hospitalisation or essential drugs in any state for lack of local residential proof.

A three-member apex court bench, comprising Justice D Y Chandrachud, Justice L Nageswara Rao and Justice Ravindra Bhat also directed the Centre and state governments to notify that any clampdown on information on social media or harassment caused to individuals seeking help on any platform will attract coercive action.

"The Central government and state governments shall notify all chief secretaries, directors general of police, commissioners of police that any clampdown on information on social media or harassment caused to individuals seeking/delivering help on any platform will attract a coercive exercise of jurisdiction by this court.

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The registrar (judicial) is also directed to place a copy of this order before all district magistrates in the country," it said in the order uploaded on the SC website late on Sunday night.

The bench, headed by Justice D Y Chandrachud, said till the formulation of a national policy by the Centre on admissions to hospitals, "no patient shall be denied hospitalisation or essential drugs in any state/UT for lack of local residential proof of that state/UT or even in the absence of identity proof."

The top court also directed the Centre to ensure that the deficit in the supply of oxygen to the national capital is rectified before May 3 midnight.

"The Central Government shall, in collaboration with the states, prepare a buffer stock of oxygen for emergency purposes and decentralize the location of the emergency stocks. The emergency stocks shall be created within the next four days and are to be replenished on a day to day basis, in addition to the existing allocation of oxygen supply to the States," the bench said.

It further said that emergency stocks shall be created within the next four days and is to be replenished on a day-to-day basis, in addition to the existing allocation of oxygen supply to the states.

The top court also directed the Centre to revisit its initiatives and protocols, including the availability of oxygen, availability and pricing of vaccines, and availability of essential drugs at affordable prices.

It asked senior advocates Jaideep Gupta and Meenakshi Arora, appointed as amicus curiae, to collate and compile these suggestions submitted by various parties.

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The matter is listed for the next hearing on May 10.

The directions were passed in a suo motu case for ensuring essential supplies and services during the COVID-19 pandemic.

The bench has taken up issues such as the projected demand for oxygen in the country at present and in the near future, how the government intends to allocate it to "critically affected" states and its monitoring mechanism to ensure supply.

The Supreme Court had earlier made clear that any attempt to clampdown on the free flow of information on social media, including a call for help from people, would be treated as contempt of the court.

"There should be free flow of information; we should hear voices of citizens. This is a national crisis. There should not be any presumption that the grievances raised on the Internet are always false. Let a strong message be sent to all the DGPs that there should not be any kind of clampdown," the bench had said while reserving its order on April 30.

PTI