Case Note & Summary
The Supreme Court of India took suo motu cognizance of deficiencies in the treatment of COVID-19 patients and dignified handling of dead bodies in hospitals, particularly in the National Capital Territory of Delhi. The Court issued notice on 12.06.2020, and in response, the Union of India and the Government of NCT of Delhi filed affidavits outlining remedial steps. The Union of India's affidavit mentioned a high-level meeting on 14.06.2020 chaired by the Home Minister, decisions to increase testing to 18,000 per day by 20.06.2020, constitution of a committee under Dr. V.K. Paul to fix reasonable rates for COVID-related facilities, and guidelines for patient care and hospital management. The Delhi Government's affidavit provided details of government hospitals, designated COVID hospitals, nodal officers, help desks, and testing facilities. However, the Court noted that the Delhi Government's affidavit lacked a mechanism for proper supervision and improvement, and emphasized the need for continuous monitoring. The Court directed the Ministry of Health and Family Welfare to constitute Expert Committees comprising senior doctors from Central Government hospitals, GNCTD hospitals, AIIMS, and a responsible officer from the Ministry. These committees are to inspect, supervise, and issue directions to all government and COVID hospitals in Delhi, with at least one weekly visit and surprise inspections. Reports are to be forwarded to the Delhi Government and the Union Ministry. All States are directed to constitute similar expert teams within seven days. The Court also directed installation of CCTV cameras in COVID-dedicated hospitals in Delhi and other States, with footage to be made available to inspecting teams. Hospitals must permit one attendant per patient and create a helpdesk for enquiries. The Union of India was directed to issue directions under the Disaster Management Act, 2005 to ensure uniform implementation of the revised discharge policy dated 08.05.2020 across all States and Union Territories.
Headnote
A) Constitutional Law - Right to Health - State's Duty to Provide Medical Care - The Supreme Court, taking suo motu cognizance of deficiencies in COVID-19 patient care, emphasized the State's duty to ensure proper treatment and dignified handling of dead bodies. The Court directed constitution of expert committees for continuous supervision and monitoring of hospitals. (Paras 1-12) B) Disaster Management - COVID-19 - Uniform Discharge Policy - The Court directed the Union of India to issue directions under the Disaster Management Act, 2005 to all States/Union Territories to uniformly follow the revised discharge policy dated 08.05.2020 for COVID-19 patients. (Para 15) C) Hospital Management - CCTV Installation - Transparency in Patient Care - The Court directed installation of CCTV cameras in COVID-dedicated hospitals in Delhi and other States to facilitate management and ensure transparency. Footage to be made available to inspecting teams. (Para 13) D) Patient Rights - Attendant and Helpdesk - The Court directed all COVID-dedicated hospitals to permit one attendant per patient in the hospital premises and to create a helpdesk accessible physically and by telephone for enquiries about patient well-being. (Para 14)
Issue of Consideration
Whether there are deficiencies in patient care of COVID-19 in hospitals in Delhi and other States, and what remedial measures are required to ensure proper treatment and dignified handling of dead bodies.
Final Decision
The Supreme Court issued directions for constitution of Expert Committees for continuous supervision and monitoring of hospitals in Delhi and other States, installation of CCTV cameras in COVID-dedicated hospitals, permitting one attendant per patient, creating helpdesks, and uniform implementation of the revised discharge policy under the Disaster Management Act, 2005.
Law Points
- Constitutional duty of the State to ensure proper medical care
- Disaster Management Act
- 2005
- Guidelines for COVID-19 management
- Continuous supervision and monitoring of hospitals
- Installation of CCTV cameras in wards
- Uniform discharge policy
