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Uttarakhand HC Directs State Government To Install Ventilators In Hospitals: COVID19

The Uttarakhand High Court has directed the State Government to install atleast one, and possibly two ventilators in dedicated COVID-19 hospitals for treating Coronavirus in a period of one week.

The Primary concern raised in Writ Petitions was regarding proper medical equipment to be supplied in hospitals, which are presently battling with the Covid-19 pandemic. The issues that are raised are particularly, for protection of doctors, nurses and paramedics who are in frontline in this battle.  This order was passed by Court as consequence to its earlier order of directing the State to follow guidelines of WHO and MoHFW in letter and spirit.

Government of India in its order dated 28.03.2020 has categorised three hospitals:-

1)COVID Care Centres

2)Dedicated COVID Health Centres

3)Dedicated COVID Hospitals

Issues dealt with in this case are regarding Dedicated Covid Hospitals. 15 such hospitals were declared by Uttarakhand State Government on 31.03.2020. Out of these, Court was informed that Dedicated COVID Hospitals of Almora, Bageshwar and BD Pandey Hospital, Nainital do not have ventilators, although it is mandatory facility to be provided by a dedicated COVID19 Hospital, in a case of contingency.

Having an ICU is also necessary for a dedicated COVID Hospital. State also admitted that some of those hospitals do not have an Intensive Care Unit as follows:-

1. Base Hospital, Almora 

2. District Hospital, Bageshwar 

3. District Hospital, Chamoli 

4. District Hospital, Rudraprayag 

5. Mela Hospital, Haridwar 

6. B.D. Pandey Hospital, Nainital 

Court while rebuking the State for absence of ventilators stated, “We are conscious of the fact that there is definitely a shortage of ventilators as of now, yet when these hospitals had been declared as Dedicated COVID 19 Hospitals and one of the principal requirements of the Dedicated COVID 19 Hospital is that, inter alia, it must have ventilator facility, we fail to understand as to why these Dedicated COVID 19 Hospitals are not having any ventilators, as yet.”

Js. Ravindra Maithani and Js. Sudhanshu Dhulia while dictating this order also stated that there maybe practical and logistical problems with the State in complying with this order and State is at liberty to bring them in notice of Court in the interest of justice.

Matter is now listed for 29.04.2020 at 11:00am.

-India Legal Bureau

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