IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. versus .

IN RE: PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC. versus .

The Court directed States and Union Territories to take concrete measures to prevent recurrence of fire incidents in COVID hospitals and to ensure proper treatment of COVID-19 patients by (inter alia) appointing a nodal officer for each COVID hospital, constituting monthly district-level fire audit committees for COVID hospitals, ensuring hospitals obtain/renew NOCs from fire departments and taking action where NOCs are absent, implementing and enforcing COVID-19 Guidelines/SOPs (including Election Commission of India campaign-related guidelines), and filing affidavits within four weeks detailing measures taken.

Parties
Respondent: Union of India; Respondent: State of Gujarat; Applicant: Mukesh Kumar
Jurisdiction
India
Judgment Date
18 December 2020
Procedural Posture
Suo Motu Writ Petition (civil) / Order Issuing Directions
Outcome
Court issued directions and granted four weeks for States and the Union to file affidavits detailing measures taken
Legal Topics
COVID 19, Fire Safety in Hospitals, Right to Health Under Article 21, Implementation of Sops and Guidelines, Restrictions on Gatherings, Election Campaign Guidelines During Pandemic
Disaster Management Public Health Constitutional Law COVID 19 Fire Safety in Hospitals Right to Health Under Article 21 Implementation of Sops and Guidelines Restrictions on Gatherings +1 more

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Parties

Union of India

Respondent

State of Gujarat

Respondent

Mukesh Kumar

Applicant

Procedural Posture

Suo Motu Writ Petition (civil) / Order Issuing Directions

Legal Issues

  1. 1 Proper treatment of COVID-19 patients
  2. 2 Dignified handling of dead bodies in hospitals
  3. 3 Prevention of fire incidents in COVID hospitals and nursing homes

Ratio Decidendi

The Court directed States and Union Territories to take concrete measures to prevent recurrence of fire incidents in COVID hospitals and to ensure proper treatment of COVID-19 patients by (inter alia) appointing a nodal officer for each COVID hospital, constituting monthly district-level fire audit committees for COVID hospitals, ensuring hospitals obtain/renew NOCs from fire departments and taking action where NOCs are absent, implementing and enforcing COVID-19 Guidelines/SOPs (including Election Commission of India campaign-related guidelines), and filing affidavits within four weeks detailing measures taken.

Court Disposition

Court issued directions and granted four weeks for States and the Union to file affidavits detailing measures taken

Orders

  • All States/Union Territories to appoint one nodal officer for each COVID hospital responsible for ensuring compliance of all fire safety measures.
  • In each district, State Government to constitute a committee to carry out fire audits of each COVID hospital at least once a month and report deficiencies to hospital management and the Government.