New Delhi: While hearing public interest litigation over the shortage of oxygen supply which killed around 60 children at a Gorakhpur hospital in Uttar Pradesh on Thursday, the supreme court gave the central government eight weeks to submit the final guidelines regarding the standard operating procedure (SOPs) for optimal use of National Medical Oxygen, medical equipment and devices.
The bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud stated, "The counsel for Union of India states that the National Oxygen Guidelines and SOPs for optimal utilization of medical oxygen equipment and devices are presently under consideration of the Ministry of Health and Family Welfare."
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The court observed, "In this view of the matter, we grant time, as prayed, to place a counter affidavit before this Court after the guidelines are duly formulated placing the relevant guidelines and policy on the record."
The court was hearing a petition filed in 2017 by Naresh Dixit following the tragedy which took place at Baba Raghav Das Medical College in Gorakhpur seeking a judicial probe into the lapses which led to the death of around 63 children. The petition also sought guidelines which would ensure uniform policy on the medical oxygen supply at hospitals without interruption, as per a media report in the Hindustan Times. Further, it requested the a separate system or mechanism for supply of oxygen cylinders.
Out of the children who lost their lives, around 23 were infants. The oxygen supplier reportedly stopped the oxygen supply due to the non-payment of his accumulated dues of ₹68 lakh despite issuing several warning letters to the state-run hospital, which allegedly led to the tragic incident.
The next hearing is scheduled for the third week of January. The bench had observed that the petitioner should have approached the Allahabad High Court for relief regarding all policy issues.
Advocate Sarvesh Bisaria and advocate Prakash Chand Sharma urged the court to take a holistic view due to the lack of a uniform policy on the supply of oxygen across government hospitals. The bench said, "Can we tell Parliament to frame a law. Health is a state subject."
Countering this observation, Bisaria referred to the situation during the COVID pandemic when the court headed by CJI Chandrachud had taken up a suo moto matter to arrange for oxygen supply throughout the country. However, the bench remarked, "That was an unprecedented situation of high oxygen demand. We are in a completely different situation today."
The bench subsequently agreed to examine the guidelines before disposing of the petition after being told that the government was considering the matter.
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