Treatment of Corona patients: Mere direction for complying with order not enough, says SC

New Delhi: The Supreme Court on Monday was not satisfied with the response of the Centre on the issue of compliance of its directions regarding proper treatment of COVID-19 patients and dignified handling of dead bodies in the hospital, saying "mere direction to comply with the directives is "not enough".

The top court also said while the affidavit filed by the Centre did not speak about the details of compliance of its directions, the states and union territories have not yet filed their affidavits and there was a need for chief secretaries to ensure compliance of its directions.

It asked the Centre and the states to file detailed affidavits about compliance of its order on the issue and observed that it had issued 11 directions in its June 19 order passed in the matter.

The apex court said the states and Union Territory (UTs) were to comply with those directives and steps were also to be taken by the Centre.

"An affidavit has been filed on behalf of the Union of India, which does not give the details of compliance of the directions except that orders have been issued to comply the directions. Mere direction to comply the directions is not enough. The steps taken towards compliance of the directions have to be brought on the record," a bench headed by Justice Ashok Bhushan said in its order.

The top court was hearing a matter in which it had taken suo motu (on its own) cognizance regarding proper treatment of COVID-19 patients and dignified handling of dead bodies in the hospitals.

The bench, also comprising Justices R S Reddy and M R Shah, noted that states and UTs have not filed affidavits giving details of compliance of various directions issued by the top court on June 19.

"We are of the view that the chief secretaries of the states have to take steps to ensure that directions issued by this court in order dated June 19, 2020 are complied with. An appropriate compliance report be filed," the bench said. It granted two weeks time to states and UTs to file appropriate compliance affidavit.

"The Union of India may also file detailed affidavit within two weeks giving the details of the various compliance of the directions which were issued by this court," the bench said and posted the matter for hearing after two weeks. In its June 19 order, the apex court had directed the Centre and states to set up expert panel for effective monitoring, supervision, and guidance of government and COVID dedicated hospitals for providing proper health care to patients. It had directed the Centre to bring uniformity in charges of testing and other facilities and ordered it to constitute an expert committee of senior doctors of Central government hospitals, GNCTD run hospitals, AIIMS and responsible officer from the Union health ministry.

It had said that the expert committee shall inspect, supervise and issue necessary directions to all government hospitals, COVID hospitals and other hospitals in NCT of Delhi for taking care of COVID patients and the panel shall ensure that at least one visit in each hospital be done weekly.

The top court had further directed that all states shall constitute an expert team of doctors and other experts for inspection, supervision and guidance of government hospitals and other hospitals dedicated to COVID-19 in each state. It had said that expert team may inspect, supervise the hospitals in the state and issue necessary directions for the improvement to the concerned hospital and report to the government.

The court had also issued directions with regard to the patient care and said, "All Covid-dedicated hospitals shall permit one willing attendant of the patient in the hospital premise, who can remain in an area earmarked by the hospital".