IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC versus .

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC versus .

The Court, exercising its Article 32 jurisdiction to facilitate a national dialogue, issued binding directions to the Union of India and States to protect life and equality under Articles 21 and 14: notably to rectify oxygen supply deficits to GNCTD immediately, create decentralised emergency buffer stocks of...

Source-derived case information.

Parties
Respondent: Union of India; Respondent: Government of National Capital Territory of Delhi
Jurisdiction
India
Judgment Date
30 April 2021
Procedural Posture
Suo Motu Writ Petition (civil) No. 03 of 2021 / Order
Outcome
Directions issued to the Union of India and States to take measures to ensure oxygen availability, formulate a national hospital admissions policy, protect persons sharing/assisting via social media, and to revisit vaccine and drug policies
Legal Topics
Oxygen Supply and Allocation, Hospital Admission Policy, Vaccine Procurement and Pricing, Compulsory Licensing/government Use of Patents, Supply of Essential Drugs, Black Marketing/enforcement, Healthcare Workforce Augmentation, Freedom of Expression and Information on Social Media
Constitutional Law Disaster Management Public Health Intellectual Property Pharmaceutical Regulation Administrative Law Oxygen Supply and Allocation Hospital Admission Policy +6 more

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Summary, issues, holding and outcome

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Parties

Union of India

Respondent

Government of National Capital Territory of Delhi

Respondent

Procedural Posture

Suo Motu Writ Petition (civil) No. 03 of 2021 / Order

Legal Issues

  1. 1 adequacy and allocation of medical oxygen nationwide and to GNCTD
  2. 2 need for a national policy on admission to hospitals during the pandemic
  3. 3 vaccine capacity, disbursal mechanism and pricing policy

Ratio Decidendi

The Court, exercising its Article 32 jurisdiction to facilitate a national dialogue, issued binding directions to the Union of India and States to protect life and equality under Articles 21 and 14: notably to rectify oxygen supply deficits to GNCTD immediately, create decentralised emergency buffer stocks of oxygen, prevent clampdowns on information and assistance on social media, mandate a national hospital admissions policy to prevent denial of care for lack of local residence/ID proof, and to revisit and report on vaccine, oxygen and essential drug availability and pricing within specified timelines.

Court Disposition

Directions issued to the Union of India and States to take measures to ensure oxygen availability, formulate a national hospital admissions policy, protect persons sharing/assisting via social media, and to revisit vaccine and drug policies

Orders

  • Union of India to ensure deficit in supply of oxygen to the Government of National Capital Territory of Delhi is rectified within 2 days (on or before midnight of 3 May 2021)
  • Central Government, in collaboration with States, to prepare decentralised buffer stocks of oxygen for emergency purposes to be created within four days and replenished daily