PANAJI
The Bombay High Court at Goa has reminded the Goa government of its duties under article 21 of the constitution -- which guarantees the right to life -- and told it bluntly not to make excuses for being unable to provide oxygen to patients battling for life, especially at the Goa Medical College (GMC).
“We have long passed the stage of determining whether patients are suffering from the lack of oxygen or not. The material placed before us establishes that patients are indeed suffering and even in some cases succumbing for want of the supply of oxygen,” the High Court that is hearing the petitions filed by the South Goa Advocates Association among others has said.
“We can only say that the State administration, in addition to the efforts which they have already been making, will have to make further efforts to see that Goa Medical College is supplied with the required amount of oxygen,” the Bombay High Court bench of Justices M S Sonak and Nitin Jambre, said.
“This is vital because the right to life is a fundamental right guaranteed by Article 21 of the Constitution. There is, therefore, a corresponding duty cast on the State to ensure that this life is not extinguished on account of inability on the part of the State to supply oxygen to these unfortunate victims of the pandemic. This duty can neither be avoided by pleading helplessness nor by putting forth logistical difficulties in sourcing and supplying oxygen,” the High Court noted.
However, while on one hand the Dean of Goa Medical College claimed that there was shortage of oxygen, the state officials repeatedly assured the state that there was sufficient oxygen available but the problem was mainly of logistics of the supply chain.
“In any case, we feel that such logistical problems must be taken care of at the earliest so that this tragedy of victims gasping for breath in the presence of their near and dear ones and in several cases even dying for want of necessary oxygen supply is arrested at the earliest. Therefore the State will have to and is hereby directed to take all necessary steps to ensure that such logistical difficulties are overcome at the earliest and there are no casualties for want of a supply of oxygen to the pandemic victims,” the High Court ordered.
The Dean of Goa Medical College who was told to be present via video conferencing told the court that the GMC has faced “many interruptions in the supply of central oxygen on daily basis, leading to near-critical fall in the oxygen saturation of patients en masse in the intensive care units.
“The supply of cylinder oxygen that is used for mild/moderate patients has also been deficient, and erratic, leading to the needy patients not getting it continuously,” the High Court said.
The Dean, however, also told the Court that there is no problem with the availability and supply of Liquid Medical Oxygen (LMO), which is stored in the tank of 20,000 litres at the Super Specialty Block, but that this LMO cannot be directly used for the main GMC building, which is relying on the supply of oxygen via cylinders which are brought on trolleys and as loose cylinders.”
To realistically meet the requirements, the Court was told that the GMC would need by 2 pm each day, at least 500 jumbo cylinders of oxygen. Further by 10 pm they would require another 250 jumbo cylinders followed by another 250 jumbo cylinders by 6 am the next day and so on if they are to realistically tide over the crisis at GMC.
In addition, they told the Court that they also require at least 72 trolleys of oxygen (but only around 55 were being supplied) if the patients admitted at Goa Medical College have to be effectively treated and there are no deaths for want of oxygen supply.
“For want of sufficient oxygen supply, we are unable to use HFNO machines even though several such machines are available and will provide substantial relief to the victims,” the Dean also told the court.
“Though the capacity of beds at Goa Medical College is about 700, there are approximately 950 patients admitted. Excess patients have to be administered oxygen through loose cylinders,” the High Court was informed.
